Madarang v. Bermudes

889 F.2d 251 Jovencio F. MADARANG; J.F. Madarang & Associates, D.D.S., a Professional Corporation, Plaintiffs-Appellees, v. Mariano R. BERMUDES, individually and as Executive Director of Commonwealth Health Planning and Development Agency; Jose T. Villagomez, individually and as a Director of the Department of Public Health and Environmental Services, and the Commonwealth Health Coordinating Council, Defendants-Appellants. No. 88-2608. United States Court of Appeals, Ninth Circuit. Argued and Submitted June 7, 1989. Decided Nov. 9, 1989. As Amended on Denial of Rehearing and Rehearing En Banc Jan. 19, 1990. David A. Webber, Asst. Atty. Gen., Saipan, M.P., for defendants-appellants. Reynaldo O. Yana, Saipan, M.P., for plaintiffs-appellees. Appeal from the United States District Court for the Northern Mariana Islands. Before TANG, CANBY and O'SCANNLAIN, Circuit Judges. O'SCANNLAIN, Circuit Judge: 1 We are asked to decide whether the Certificate of Need ("CON") regulations of the Commonwealth of the Northern Mariana Islands ("CNMI"), as applied to Dr. Madarang, violate the fourteenth amendment. 2 * J.F. Madarang and Associates, D.D.S. ("Dr. Madarang" or "appellant") filed a…