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METPATH, INC. v. MYERS

No. C-78-1705 WHO.

462 F.Supp. 1104 (1978)

METPATH, INC., Plaintiff, v. Beverlee MYERS, as Director of the Department of Health Services of the State of California, F. W. Hartmann, as Chief of Laboratory Field Services of the Department of Health Services of the State of California, and the Department of Health Services of the State of California, Defendants.

United States District Court, N. D. California.

October 16, 1978.

Attorney(s) appearing for the Case

Quentin L. Kopp, Kopp & Di Franco, San Francisco, Cal., Charles H. Miller, Marshall, Bratter, Greene, Allison & Tucker, New York City, for plaintiff.

Evelle J. Younger, Atty. Gen. of Cal., Charlton G. Holland, III, John Davidson, Deputy Attys. Gen., San Francisco, Cal., for defendants.

OPINION

ORRICK, District Judge.

This case calls into question the constitutionality of a California statute (herein "the statute") authorizing the State of California Department of Health Services (herein "California" or "the State") to revoke or suspend the license of any clinical laboratory which advertises "clinical laboratory procedures to the lay public in magazines, newspapers, directories, circulars, signs, etc. * * *."1

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