THOMPSON v. MEDICAL LICENSING BD.

No. 2-1076A395.

398 N.E.2d 679 (1979)

W. Turton THOMPSON, Appellant (Plaintiff below), v. MEDICAL LICENSING BOARD OF INDIANA AND ERNEST R. BEAVER, James N. Hampton, Robert R. Kopecky, John H. Mader, Walter J. Beneville, Bruce C. Brink, and Edward L. Hollenberg, Individually and As Members of the Medical Licensing Board of Indiana, Appellees (Defendants below).

Court of Appeals of Indiana, Third District.

December 26, 1979.


Attorney(s) appearing for the Case

C. Robert Knight, Zionsville, Ronald E. Elberger, Indianapolis, for appellant.

Theo. L. Sendak, Atty. Gen., Walter F. Lockhart, Asst. Atty. Gen., Indianapolis, for appellee.


BUCHANAN, Chief Judge.

ON PETITION FOR REHEARING

Dr. W. Turton Thompson's petition for rehearing challenges our opinion of April 25, 1979, for failing to address an issue raised on appeal; specifically whether a plaintiff who files an action in state court under 42 U.S.C. § 1983 must exhaust his administrative remedies. Although this issue was implicitly decided in our earlier opinion, we now explicitly state our holding, and deny rehearing.

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