Bunzel

Arthur Bunzel, appellant, was rejected for membership in the American Academy of Orthopaedic Surgeons (Academy or AAOS) and under the present action he sued the Academy for damages and for an order admitting him to membership. Academy moved for a summary judgment and it was granted on the ground that Academy controlled no vital professional privileges and certifications in the field of orthopaedic surgery. This appeal followed.

Appellant is a licensed physician practicing orthopaedic surgery and has been certified in this specialty by the American Board of Orthopaedic Surgery (ABOS). According to Academy, it is a society of orthopaedic surgeons whose sole purposes are educational and scientific. Academy does not certify the professional, ethical or educational competence of orthopaedic surgeons as this is done by ABOS. Orthopaedic surgeons are not eligible for Academy membership unless they have been board-certified. Membership in the Academy is an honor and as Academy states, not a sanction of specialized qualifications.

The activities of Academy related to orthopaedic surgery are open to members and nonmembers alike. These activities include presentation of scientific…