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SHIVELY v. STEWART

Docket No. Sac. 7756.

65 Cal.2d 475 (1966)

421 P.2d 65

55 Cal. Rptr. 217

JOHN P. SHIVELY et al., Petitioners, v. COLEMAN E. STEWART, as Hearing Officer, etc., Respondent; BOARD OF MEDICAL EXAMINERS OF THE STATE OF CALIFORNIA, Real Party in Interest.

Supreme Court of California. In Bank.

December 16, 1966.

Attorney(s) appearing for the Case

Lamb & Glynn, Robert L. Lamb and Robert J. Glynn, Jr., for Petitioners.

Zad Leavy and Herma Hill Kay as Amici Curiae on behalf of Petitioners.

Thomas C. Lynch, Attorney General, E.G. Funke, Assistant Attorney General, Gerald F. Carreras, L. Stephen Porter, Warren H. Deering and Wiley W. Manuel, Deputy Attorneys General, for Respondent and Real Party in Interest.

George R. Coan and Charles H. Bobby as Amici Curiae on behalf of Respondent and Real Party in Interest.

TRAYNOR, C.J.

Petitioners John P. Shively and Seymour Smith, licensed physicians authorized to practice medicine and surgery in the State of California, brought this proceeding to compel issuance of subpoenas duces tecum to obtain depositions and documents from the Executive Secretary of the State Board of Medical Examiners and from the board's attorney prior to disciplinary hearings.

On May 20, 1966, Wallace W....

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