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EXPRESS OIL CHANGE v. MISSISSIPPI BD. LICENSURE

No. 18-60144.

916 F.3d 483 (2019)

EXPRESS OIL CHANGE, L.L.C.; TE, L.L.C., Doing Business as Tire Engineers, Plaintiffs-Appellants, v. MISSISSIPPI BOARD OF LICENSURE FOR PROFESSIONAL ENGINEERS & SURVEYORS; Terrell Temple, in Their Individual and Official Capacities as the Members of the Mississippi Board of Licensure for Professional Engineers & Surveyors; Rick Turner, in Their Individual and Official Capacities as the Members of the Mississippi Board of Licensure for Professional Engineers & Surveyors; Joseph Franklin Lauderdale, in Their Individual and Official Capacities as the Members of the Mississippi Board of Licensure for Professional Engineers & Surveyors; Joseph E. Lauderdale, in Their Individual and Official Capacities as the Members of the Mississippi Board of Licensure for Professional Engineers & Surveyors; Bennie J. Sellers, in Their Individual and Official Capacities as the Members of the Mississippi Board of Licensure for Professional Engineers & Surveyors; Dr. Dennis D. Truax, in Their Individual and Official Capacities as the Members of the Mississippi Board of Licensure for Professional Engineers & Surveyors; James Matthew Rankin, in Their Individual and Official Capacities as the Members of the Mississippi Board of Licensure for Professional Engineers & Surveyors; Joe W. Byrd, in Their Individual and Official Capacities as the Members of the Mississippi Board of Licensure for Professional Engineers & Surveyors; Shannon D. Tidwell, in Their Individual and Official Capacities as the Members of the Mississippi Board of Licensure for Professional Engineers & Surveyors, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

FILED February 19, 2019.

Attorney(s) appearing for the Case

Michael James Bentley, Esq. , Simon Turner Bailey, Esq. , Bradley Arant Boult Cummings, L.L.P., Jackson, MS, Michael J. Douglas, Esq. , Leak, Douglas & Morano, P.C., Birmingham, AL, for Plaintiffs-Appellants.

Harold Edward Pizzetta, III, Esq. , Special Attorney to the Attorney General, Office of the Attorney General for the State of Mississippi, Jackson, MS, for Defendants-Appellees.

Kaytie Michelle Pickett, Esq. , Jones Walker, L.L.P., Jackson, MS, for Amici Curiae American Council of Engineering Companies, American Council of Engineering Companies-MS, American Society of Civil Engineers, National Society of Professional Engineers.

Before SMITH, BARKSDALE, and HO, Circuit Judges.

Mississippi regulates the practice of engineering and restricts the use of the term "engineer." Express Oil Change ("Express") operates several automotive service centers in Mississippi under the name "Tire Engineers." In 2015, the Mississippi Board of Licensure for Professional Engineers & Surveyors ("the Board...

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