United States Sixth Circuit

A Tennessee Funeral Directors and Embalmers Act provision, forbidding anyone from selling caskets without being a licensed funeral director, bears no rational relationship to any legitimate purpose and thus violates both Equal Protection and Due Process.

Appellate Information

• Decided 12/06/2002
• Published 12/06/2002

Judges

• Before KRUPANSKY and BOGGS, Circuit Judges;  and LAWSON, District Judge.

Court

• United States Sixth Circuit

Counsel

• For Appellant:
  
• T. Scott Gilligan (briefed), Statman, Harris, Siegel & Eyrich, Cincinnati, OH, John C. Eastman (briefed), Chapman University School of Law, Orange, CA, for Amici Curiae.


• For Appellees:
  
• Harold L. North, Jr. (briefed), Schumaker & Thompson, Chattanooga, TN, Matthew Berry (briefed), William H. Mellor (argued and briefed), Institute for Justice, Washington, DC, for Plaintiff-Appellee., Steven A. Hart (argued and briefed), Janet M. Kleinfelter (briefed), Financial Division, Office of Attorney General, Nashville, TN, for Defendants-Appellants.