Georgia Ass'n of Osteopathic Physicians & Surgeons, Inc. v. Allen

HOLMES, Circuit Judge.

An injunction was sought in the court below against the appellee to restrain him from refusing to permit osteopaths to register and distribute or administer narcotic drugs. This appeal is from a ruling denying the relief sought, and presents the single question: Are osteopaths in the state of Georgia entitled to register with the Collector of Internal Revenue, and to distribute or administer narcotic drugs under the Harrison Narcotic Act? The Collector has no discretion in the matter,1 the facts not being in dispute.

Our decision is controlled by applicable Georgia…