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ATHAY v. STATE, DEPT. OF BUSINESS REGULATION

No. 16504.

626 P.2d 965 (1981)

Audrey Lynne ATHAY, Plaintiff and Respondent, v. STATE of Utah, DEPARTMENT OF BUSINESS REGULATION, REGISTRATION DIVISION, et al., Defendants and Appellants.

Supreme Court of Utah.

February 19, 1981.

Attorney(s) appearing for the Case

Robert B. Hansen, Atty. Gen., Leon A. Halgren, Asst. Atty. Gen., Salt Lake City, for defendants and appellants.

David K. Robinson, Salt Lake City, for plaintiff and respondent.

SWAN, District Judge:

Defendants appeal from a memorandum decision of the trial court which found that Section 58-25-2, U.C.A., 1953, had been unconstitutionally applied by the defendants and ordered that the plaintiff be seated for the subsequent psychological examination. Defendants seek to have the decision of the trial court reversed, or in the alternative: (1) a dismissal of the action for further administrative review as provided in Section 58-1-32 and Section...

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