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Falcone v. Middlesex County Medical Society
New Jersey Supreme Court
34 N.J. 582, 170 A.2d 791 (1961)
Dr. Italo Falcone (plaintiff) was admitted as an associate member of the Middlesex County Medical Society (defendant). After two years as an associate, the society declined to admit Falcone as a full member, which effectively kicked Falcone out of the society. The society said its decision was made because Falcone was licensed as a doctor of osteopathy and not a doctor of medicine and because Falcone had not attended a four-year American Medical Association approved college. However, Falcone’s medical license was not restricted in any way, and the four-year-college requirement was not included in the society’s written bylaws. Importantly, because society membership was required to use area hospitals, Falcone could no longer practice surgery and obstetrics unless he was a society member. Falcone sued, and the court ordered the society to accept Falcone as a member. The society appealed.
Rule of Law
Holding and Reasoning (Jacobs, J.)
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