Brandwein v. California Board of Osteopathic Examiners

708 F.2d 1466 Dr. Theodore S. BRANDWEIN, Plaintiff-Appellant, v. The CALIFORNIA BOARD OF OSTEOPATHIC EXAMINERS; The California Board of Medical Quality Assurance; The California Department of Consumer Affairs; and Edwin L. Miller, District Attorney for the County of San Diego, State of California, Defendants-Appellees. No. 81-5343. United States Court of Appeals, Ninth Circuit. Argued and Submitted March 3, 1982. Decided June 24, 1983. Dr. Theodore S. Brandwein, plaintiff-appellant, pro se. M. Gayle Askren, Deputy Atty. Gen., Greer D. Knopf, San Diego, Cal., Alexander R. Tobin, Upland, Cal., for defendants-appellees. Appeal from the United States District Court for the Southern District of California. Before SNEED, POOLE, and BOOCHEVER, Circuit Judges. POOLE, Circuit Judge: 1 Plaintiff-appellant Dr. Theodore S. Brandwein is a physician holding the degree of Doctor of Osteopathy (D.O.). Brandwein challenges the constitutionality of California Law, under which a D.O. may not hold himself out as a Doctor of Medicine (M.D.). He alleges that the law violates the First Amendment and the Equal Protection Clause of the federal constitution. Following the dismissal of these and pendant…