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STATE v. SMITH

No. 8737.

337 P.2d 938 (1959)

STATE of Idaho ex rel. STATE BOARD OF MEDICINE of the State of Idaho, S. M. Poindexter, Chairman, Plaintiff-Appellant, v. David SMITH, Defendant-Respondent.

Supreme Court of Idaho.

April 8, 1959.

Attorney(s) appearing for the Case

Frank L. Benson, Atty. Gen. (Graydon W. Smith, former Atty. Gen., Edward J. Aschenbrener and Elbert E. Gass, former Asst. Attys. Gen., on the brief), for appellant.

E. G. Elliott, Boise, for respondent.

BELLWOOD, District Judge.

On February 21, 1955, appellant filed its Second Amended Complaint in which it is alleged, among other things:

"II "That Defendant, David Smith, is a resident of Ada County, State of Idaho, and that he is not now, and never has been, the holder of a license to practice medicine and surgery in the State of Idaho and is not now and never has been the holder of a license to practice...

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