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BRUTEYN APPEAL

No. 61 C.D. 1976.

32 Pa.Commw. 541 (1977)

Commonwealth of Pennsylvania, State Dental Council & Examining Board.

Commonwealth Court of Pennsylvania.

December 2, 1977.

Attorney(s) appearing for the Case

Richard S. Friedman, with him John C. Howett, Jr., and Friedman & Friedman, P.C., for appellant.

Melvin R. Shuster, Deputy Attorney General, with him Robert P. Kane, Attorney General, for appellee.

Argued March 8, 1977, before President Judge BOWMAN and Judges CRUMLISH, JR., KRAMER, WILKINSON, JR., MENCER, ROGERS and BLATT. Judge KRAMER did not participate in the decision.

OPINION BY PRESIDENT JUDGE BOWMAN, December 2, 1977:

Dr. William F. Bruteyn has appealed from a decision of the State Dental Council and Examining Board (Board) revoking his license to practice dentistry. He contends that his due process rights to a fair and impartial hearing were violated alleging that both the prosecuting Deputy Attorney General and the Board itself unconstitutionally commingled the investigatory, prosecutory, and adjudicative functions.

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