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STATE v. GOOD SAMARITAN HOSPITAL

No. 100, September Term, 1983.

299 Md. 310 (1984)

473 A.2d 892

STATE OF MARYLAND ET AL. v. THE GOOD SAMARITAN HOSPITAL OF MARYLAND, INC.

Court of Appeals of Maryland.

April 11, 1984.

Attorney(s) appearing for the Case

Howard L. Sollins, Asst. Atty. Gen., Baltimore (Stephen H. Sachs, Atty. Gen., and Randall M. Lutz, Asst. Atty. Gen., Baltimore, on the brief), for appellants, State of Md. and Adele Wilzack, Secretary, Md. Dept. of Health and Mental Hygiene.

Richard Bloch, Baltimore (Reuben Shiling, Richard M. Weintraub and Shiling & Bloch, P.A., Baltimore, on the brief), for appellants, Maryland Podiatry Ass'n and Anthony J. Costa, D.P.M.

John C. Evelius, Baltimore (Gallagher, Evelius & Jones, Baltimore, on the brief), for appellee.

Werner Strupp, Washington, D.C., on the brief, for amicus curiae, American Podiatry Ass'n.

John F. King, Jeanette A. Plante and Anderson, Coe & King, Baltimore, on the brief, for amicus curiae The Medical and Chirurgical Faculty of Maryland.

Argued before MURPHY, C.J., ELDRIDGE, COLE, DAVIDSON, RODOWSKY and COUCH, JJ., and W. ALBERT MENCHINE, Retired, Specially Assigned Judge.

MURPHY, Chief Judge.

The primary question in this case is whether Maryland Code (1982), § 19-351(b) of the Health-General Article (the podiatry statute), as applied to The Good Samaritan Hospital of Maryland, Inc. (Good Samaritan), violates Article I, § 10 of the United States Constitution which prohibits any state from enacting "any... Law impairing the Obligation of Contracts."

Section 19-351(b) provides:

"(b) Podiatrists. —...

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