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WHITE SMILE v. BOARD OF DENTAL EXAMINERS

1080780.

36 So.3d 9 (2009)

WHITE SMILE USA, INC., and D'Markos, L.L.C. v. BOARD OF DENTAL EXAMINERS OF ALABAMA.

Supreme Court of Alabama.

October 16, 2009.

Attorney(s) appearing for the Case

Algert S. Agricola, Jr., of Ryals, Plummer, Donaldson, Agricola & Smith, P.C., Montgomery; and Robert D. Segall and Shannon L. Holliday of Copeland, Franco, Screws & Gill, P.A., Montgomery, for appellants.

Hendon Blaylock Coody of The Mediation Center, Inc., Montgomery, for appellee.

Marcus W. Lee of Parsons, Lee & Juliann, P.C., Birmingham; and William H. Mellor, Clark M. Neily III, and Paul M. Sherman of Institute for Justice, Arlington, Virginia, for amicus curiae Institute for Justice, in support of the appellants.

Deborah Alley Smith of Christian & Small, LLP, Birmingham, for amicus curiae Alabama Dental Association, in support of the appellee.

LYONS, Justice.

White Smile USA, Inc. ("White Smile"), and D'Markos, L.L.C. ("D'Markos"), appeal from a judgment of the Montgomery Circuit Court that held that their sale in Alabama of teeth-whitening products and services were the practice of dentistry as defined by § 34-9-6, Ala.Code 1975. We affirm.

Factual Background and Procedural History

White Smile sells a teeth-whitening product in 22 states, including Alabama, under the trademark...

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