Legal Opinion

Brown v. Hovatter

Court of Appeals for the Fourth Circuit

Decided March 27, 2009No. 08-1121, 08-1125PublishedCited by 28 opinions

1Opinion of the Court

Affirmed in part and reversed in part by published opinion. Judge NIEMEYER wrote the opinion, in which Judge TRAXLER joined. Judge SHEDD wrote a separate concurring opinion.

OPINION

NIEMEYER, Circuit Judge:

Charles Brown, Joseph Jenkins, Brian Chisholm, and Gail Manuel, who refer to themselves as “funeral and cemetery entrepreneurs,” commenced this action to strike down as unconstitutional the Maryland Morticians and Funeral Directors Act (the “Morticians Act”), Md. Health Occ. Code § 7-101 et seq. They contend that the Act, insofar as it prohibits corporate ownership of mortician’s licenses and…

2Cases cited15 opinions

  1. Williamson v. Lee Optical of Oklahoma, Inc.Supreme Court of the United States · 1955
  2. Pike v. Bruce Church, Inc.Supreme Court of the United States · 1970
  3. Exxon Corp. v. Governor of MarylandSupreme Court of the United States · 1978
  4. Oregon Waste Systems, Inc. v. Department of Environmental Quality of Ore.Supreme Court of the United States · 1994
  5. Healy v. Beer InstituteSupreme Court of the United States · 1989

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3Cited by28 opinions

  1. Heffner v. MurphyCourt of Appeals for the Third Circuit · 2014
  2. Mark McBurney v. Nathaniel YoungCourt of Appeals for the Fourth Circuit · 2012
  3. Colon Health Centers of America, LLC v. HazelCourt of Appeals for the Fourth Circuit · 2013
  4. Colon Health Centers of America, LLC v. HazelCourt of Appeals for the Fourth Circuit · 2016
  5. Capital Associated Industries v. Josh SteinCourt of Appeals for the Fourth Circuit · 2019

23 more not listed; retrieve them via the Exa API.

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