United States Fourth Circuit

Appeal from FTC's refusal to grant "state action anti-trust immunity," based on State Board's regulation of oral hygienists in school settings, is dismissed for lack of jurisdiction where denial of Parker protection is not an immediately appealable collateral order.

Appellate Information

• Argued 03/15/2006
• Decided 05/01/2006
• Published 05/01/2006

Judges

• Before MOTZ and TRAXLER, Circuit Judges, and JAMES P. JONES, Chief United States District Judge for the Western District of Virginia, sitting by designation.

Court

• United States Fourth Circuit

Counsel

• For Appellees:
  
• ARGUED:  Kenneth Paul Woodington, Davidson, Morrison & Lindemann, P.A., Columbia, South Carolina, for Petitioner.  Michael Daniel Bergman, Federal Trade Commission, Washington, D.C., for Respondent.   ON BRIEF:  Lynne W. Rogers, General, South Carolina Department of Labor, Licensing & Regulation, Columbia, South Carolina;  William H. Davidson, II, Andrew F. Lindemann, Davidson, Morrison & Lindemann, P.A., Columbia, South Carolina, for Petitioner. Jeffrey Schmidt, Director, Jeffrey Brennan, Associate Director, Bureau of Competition, William Blumenthal, General, John F. Daly, Deputy General for Litigation, Federal Trade Commission, Washington, D.C., for Respondent.