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AMERICAN BD. OF COSMETIC SURG. v. MED. BD.

No. C054718.

75 Cal.Rptr.3d 574 (2008)

162 Cal.App.4th 534

AMERICAN BOARD OF COSMETIC SURGERY, INC., Plaintiff and Respondent, v. MEDICAL BOARD OF CALIFORNIA et al., Defendants and Appellants.

Court of Appeal of California, Third District.

April 28, 2008.

Attorney(s) appearing for the Case

Edmund G. Brown, Jr., Attorney General, Carlos Ramirez, Senior Assistant Attorney General, Jose Guerrero, Supervising Deputy Attorney General, Kerry Weisel, Jane Zack Simon, Deputy Attorneys General, for Defendants and Appellants.

Haight, Brown & Bonesteel, Rita Gunasekaran, J. Alan Warfield, Los Angeles; Johnson & Bell, William K. McVisk, for American Board of Medical Specialties as Amicus Curiae on behalf of Defendants and Appellants.

Kessenick Phillips & Gamma, Douglas Scott Free, for California Society of Plastic Surgeons as Amicus Curiae on behalf of Defendants and Appellants.

Seyfarth Shaw, Kurt A. Kappes, Robert B. Milligan, Sacramento, for American Society of Plastic Surgeons as Amicus Curiae on behalf of Defendants and Appellants.

Nossaman, Guthner, Knox & Elliott, Robert J. Sullivan, John T. Kennedy, Sacramento; Gaido & Fintzen, Peter A. Gaido and Scott Fintzen for Plaintiff and Respondent.

BLEASE, Acting P.J.

This case involves an 11-year effort by petitioner, the American Board of Cosmetic Surgery (ABCS), to gain specialty board approval by respondent, the Medical Board of California (Medical Board), so that physicians certified by the ABCS may advertise themselves as board certified in "Cosmetic Surgery," defined as a subspecialty of medicine and surgery, in one of three areas. Those areas are General Cosmetic Surgery, Facial Cosmetic Surgery and...

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