*This order and judgment is not binding precedent, except under the doctrines of law of

the case, res judicata, and collateral estoppel. This court generally disfavors the citation

of orders and judgments; nevertheless, an order and judgment may be cited under the

terms and conditions of 10th Cir. R. 36.3.

UNITED STATES COURT OF APPEALS

Filed 9/6/96

TENTH CIRCUIT

RONALD B. TRIPP, D.C.; CAROL

DOROW, D.C.; OKLAHOMA STATE

CHIROPRACTIC ASSOCIATION, an

Oklahoma corporation,

Plaintiffs - Appellants,

v.

GAYLORD SNITKER, D.C.,

individually; KENNETH CHERRY,

D.C., individually; RICHARD

KARAM, individually; THE JOINT

CHIROPRACTIC ASSOCIATION OF

OKLAHOMA, an Oklahoma

corporation,

Defendants - Appellees.

No. 95-6220

(D. Ct. No. CIV-94-285-M)

(W.D. Okla.)

ORDER AND JUDGMENT*

Before TACHA, MCWILLIAMS, and MURPHY, Circuit Judges.

In 1992, the State of Oklahoma Board of Chiropractic Examiners (the

Board) refused to accredit a continuing education class developed by Ronald
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Tripp and Carol Dorow, under the auspices of the Oklahoma State Chiropractic

Association (OSCA). All chiropractors in Oklahoma are required to attend and

pay for continuing education classes, and the only accredited program that year

was that provided by the Joint Chiropractic Association (JCA). JCA used some of

the funds collected from its continuing education classes to promote issues related

to the chiropractic industry. Tripp, Dorow, and the OSCA sued individual

members of the Board and the JCA under § 1983 for violation of their substantive

due process and free association rights, because they disagreed with the causes

supported by JCA and objected to the use of continuing education fees to promote

those causes. 

We review the district court's entry of summary judgment de novo. Applied

Genetics Int'l, Inc. v. First Affiliated Sec., Inc., 912 F.2d 1238, 1241 (10th Cir.

1990). "Summary judgment is appropriate when there is no genuine dispute over

a material fact and the moving party is entitled to judgment as a matter of law,"

Russillo v. Scarborough, 935 F.2d 1167, 1170 (10th Cir. 1991), but "we must

view the record in a light most favorable to the part[y] opposing the motion for

summary judgment," Deepwater Invs., Ltd. v. Jackson Hole Ski Corp., 938 F.2d

1105, 1110 (10th Cir. 1991). 

The plaintiffs argue that the district court erred in granting qualified

immunity to the individual defendants and concluding that their constitutional
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rights were not violated by JCA's expenditure of continuing education fees for

causes they did not support. They further maintain that the Board violated their

substantive due process rights because the Board's denial of OSCA's application

for accreditation was arbitrary, capricious, and an abuse of governmental

authority. 

After carefully reviewing the record, we AFFIRM the district court's

summary judgment orders dated April 4, 1995, and May 10, 1995, for

substantially the reasons stated in those orders. Plaintiffs' due process claims

were resolved in two orders entered by the district court on October 25, 1994;

those orders are also AFFIRMED for substantially the reasons stated therein. The

district court did not dismiss plaintiffs' substantive due process claim alleging a

conspiracy based upon a protected liberty interest. However, this claim was not

raised on appeal and is therefore abandoned. See Abercrombie v. City of

Catoosa, 896 F.2d 1228, 1231 n.2 (10th Cir. 1990).
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The judgment of the United States District Court for the Western District of

Oklahoma is AFFIRMED.

Entered for the Court

Deanell Reece Tacha

Circuit Judge