Norberto T. Agustin, M. D. v. Arthur F. Quern, Director, Illinois Department of Public Aid

SPRECHER, Circuit Judge.

This is an appeal from the district court’s granting of summary judgment in favor of defendant. The primary arguments raised by plaintiff are (1) that the summary judgment was improper because there existed between the parties genuine issues of material fact and (2) that Ill.Rev.Stat. ch. 23, §§ 12-4.26 to 12 — 4.27 are unconstitutional. We find plaintiff’s arguments without merit and affirm the judgment below.

I

The plaintiff, Norberto T. Agustín, is a licensed Illinois physician who, prior to April 19, 1976, was a medical vendor in the Medical Assistance Program of the…