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FRIEMAN v. ASHCROFT

No. 76-616C(3).

440 F.Supp. 1193 (1977)

Michael FRIEMAN, M. D. and Allen S. Palmer, D. O., Plaintiffs, v. John D. ASHCROFT, Attorney General of State of Missouri, J. Brendan Ryan, Circuit Attorney of the City of St. Louis, Missouri, Defendants.

United States District Court, E. D. Missouri, E. D.

November 28, 1977.

Attorney(s) appearing for the Case

Frank Susman, Susman, Schermer, Willer & Rimmel, St. Louis, Mo., for plaintiffs.

Michael L. Boicourt, Asst. Atty. Gen., State of Missouri, Jefferson City, Mo., for defendants.

Before WEBSTER, Circuit Judge, and WANGELIN and NANGLE, District Judges.

MEMORANDUM

This matter is before the Court upon plaintiffs' motion for summary judgment. Plaintiffs, who are physicians, filed this suit seeking declaratory and injunctive relief against the enforcement of §§ 188.040 and 188.045, R.S.Mo. (1974). Jurisdiction is based upon the First, Fourth, Fifth, Eighth, Ninth and Fourteenth Amendments to the United States Constitution, and 28 U.S.C. §§ 1331 and 1343. A three-judge Court was empaneled on July...

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