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BIRCHANSKY v. CLABAUGH

No. 18-3403.

955 F.3d 751 (2020)

Lee BIRCHANSKY, M.D.; Fox Eye Surgery, LLC; Korver Ear Nose and Throat, LLC; Michael Jensen; Michael Driesen Plaintiffs-Appellants, v. Gerd W. CLABAUGH, in his official capacity as Director of Iowa Department of Public Health and Administrator; Rebecca Swift, in her official capacity as Administrator of the Health Facilities Council; Roberta Chambers, in their official capacities as Members of the Health Facilities Council; Connie Schmett, in their official capacities as Members of the Health Facilities Council; Roger Thomas, in their official capacities as Members of the Health Facilities Council; Brenda Perrin, in their official capacities as Members of the Health Facilities Council; Harold Miller, in their official capacities as Members of the Health Facilities Council Defendants-Appellees. Docs 4 Patient Care Foundation, Amicus on Behalf of Appellant(s). Iowa Hospital Association, Amicus on Behalf of Appellee(s).

United States Court of Appeals, Eighth Circuit.

Filed: April 14, 2020.

Attorney(s) appearing for the Case

Counsel who presented argument on behalf of the appellants was Darpana M. Sheth , of Arlington, VA. The following attorney(s) appeared on the appellants' brief; Joshua House , of Arlington, VA., Darpana M. Sheth , of Arlington, VA.

Counsel who presented argument on behalf of the appellees was Jordan Esbrook , AAG, of Des Moines, IA. The following attorney(s) appeared on the appellees' brief; Jeffrey C. Peterzalek , AAG, of Des Moines, IA., Jordan Esbrook , AAG, of Des Moines, IA.

The following attorney(s) appeared on the amicus brief of Iowa Hospital Association, amicus on behalf of appellee(s); Rebecca A. Brommel , of Des Moines, IA.

The following attorney(s) appeared on the amicus brief of Docs 4 Patient Care Foundation, amicus on behalf of appellant(s); Mahesha P. Subbaraman , of Minneapolis, MN.

Before COLLOTON, SHEPHERD, and ERICKSON, Circuit Judges.

Appellants are health care providers and their patients who sued members of Iowa's Department of Public Health and its Health Facilities Council, alleging that Iowa's Certificate of Need laws violate the Fourteenth Amendment's Due Process, Equal Protection, and Privileges and Immunities...

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