1. Home
  2. Browse Decisions
  3. F.3d
  4. 561 F.3d
  5. 561 F.3d 357 (2009)
 

BROWN v. HOVATTER

Nos. 08-1121, 08-1125.

561 F.3d 357 (2009)

Charles BROWN; Joseph B. Jenkins, III; Brian Chisholm; Gail Manuel, Plaintiffs-Appellants, v. David HOVATTER; Faye Peterson; Michael Ruck, Sr.; Gladys Sewell; Donald V. Borgwardt; Marshall Jones, Jr.; Michael Kruger; Brian Haight; Robert Bradshaw; Jeffrey Pope; Vernon Strayhorn, Sr., in their official capacities as members of the Maryland State Board of Morticians, Defendants-Appellees. Charles Brown; Joseph B. Jenkins, III; Brian Chisholm; Gail Manuel, Plaintiffs-Appellees, v. David Hovatter; Faye Peterson; Michael Ruck, Sr.; Gladys Sewell; Marshall Jones, Jr.; Michael Kruger; Donald V. Borgwardt; Robert Bradshaw; Jeffrey Pope; Brian Haight; Vernon Strayhorn, Sr., in their official capacities as members of the Maryland State Board of Morticians, Defendants-Appellants.

United States Court of Appeals, Fourth Circuit.

Decided: March 27, 2009.

Attorney(s) appearing for the Case

ARGUED: Clark Neily, Institute for Justice, Arlington, Virginia, for Appellants/Cross-Appellees. Steven Marshall Sullivan, Office of the Attorney General of Maryland, Baltimore, Maryland, for Appellees/Cross-Appellants. ON BRIEF: William H. Mellor, Jeffrey T. Rowes, Institute for Justice, Arlington, Virginia, for Appellants/Cross-Appellees. Douglas F. Gansler, Attorney General of Maryland, Kathleen A. Ellis, Assistant Attorney General, Grant D. Gerber, Assistant Attorney General, Office of the Attorney General of MaryLand, Baltimore, Maryland, for Appellees/Cross-Appellants.

Affirmed in part and reversed in part by published opinion. Judge NIEMEYER wrote the opinion, in which Judge TRAXLER joined. Judge SHEDD wrote a separate concurring opinion.

OPINION

NIEMEYER, Circuit Judge:

Charles Brown, Joseph Jenkins, Brian Chisholm, and Gail Manuel, who refer to themselves as "funeral and cemetery entrepreneurs," commenced this action to strike down as unconstitutional the Maryland Morticians and Funeral Directors Act (the "Morticians Act"), Md. Health Occ. Code § 7-101 et seq. They contend that the Act, insofar as it prohibits corporate ownership of mortician's licenses and funeral establishments...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases