SOUTH CAROLINA STATE BD. v. F.T.C.

No. 04-2006.

455 F.3d 436 (2006)

SOUTH CAROLINA STATE BOARD OF DENTISTRY, Petitioner, v. FEDERAL TRADE COMMISSION, Respondent.

United States Court of Appeals, Fourth Circuit.

Decided: May 1, 2006.

Rehearing and Rehearing Denied June 27, 2006.


Attorney(s) appearing for the Case

ARGUED: Kenneth Paul Woodington, Davidson, Morrison & Lindemann, P.A., Columbia, South Carolina, for Petitioner. Michael Daniel Bergman, Federal Trade Commission, Washington, D.C., for Respondent. ON BRIEF: Lynne W. Rogers, General, South Carolina Department of Labor, Licensing & Regulation, Columbia, South Carolina; William H. Davidson, II, Andrew F. Lindemann, Davidson, Morrison & Lindemann, P.A., Columbia, South Carolina, for Petitioner. Jeffrey Schmidt, Director, Jeffrey Brennan, Associate Director, Bureau of Competition, William Blumenthal, General, John F. Daly, Deputy General for Litigation, Federal Trade Commission, Washington, D.C., for Respondent.

Before MOTZ and TRAXLER, Circuit Judges, and JAMES P. JONES, Chief United States District Judge for the Western District of Virginia, sitting by designation.


Rehearing and Rehearing En Banc Denied June 27, 2006.

Dismissed by published opinion. Judge MOTZ wrote the opinion, in which Judge JONES joined. Judge TRAXLER wrote an opinion concurring in part and concurring in the judgment.

OPINION

DIANA GRIBBON MOTZ, Circuit Judge:

The Federal Trade Commission ("FTC") brought this action against the South Carolina State Board of Dentistry ("Board"), alleging...

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