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KISER v. KAMDAR

No. 15-3335.

831 F.3d 784 (2016)

Russell KISER, D.D.S., M.S., Plaintiff-Appellant, v. Harry KAMDAR, Board Executive Director; Marybeth D. Shaffer; Constance F. Clark; W. Chris Hanners; Ashok Das; Martin Chambers; Patricia Guttman; Charles Smith; Jean Huber; Susan Johnston; Ann Aquillo, Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: August 5, 2016.

Attorney(s) appearing for the Case

ARGUED: Todd W. Newkirk , Frank R. Recker & Associates, Columbus, Ohio, for Appellant. Katherine J. Bockbrader , Office of the Ohio Attorney General, Columbus, Ohio, for Appellee. ON BRIEF: Todd W. Newkirk , Frank R. Recker & Associates, Columbus, Ohio, Frank R. Recker , Frank R. Recker & Associates, Marco Island, Florida, for Appellant. Katherine J. Bockbrader , Office of the Ohio Attorney General, Columbus, Ohio, for Appellee.

Before: BOGGS and KETHLEDGE, Circuit Judges; and STAFFORD, District Judge.

OPINION

Dr. Russell Kiser is a licensed dentist with postdoctoral education in endodontics. Nevertheless, Ohio bans him from calling himself an "endodontist" because he performs procedures outside the scope of that specialty. We consider whether Kiser may challenge Ohio's ban under the First and Fourteenth Amendments...

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