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FOX v. STATE

No. SS-136.

395 So.2d 192 (1981)

Dr. Morry S. FOX, Appellant, v. STATE of Florida, BOARD OF OSTEOPATHIC MEDICAL EXAMINERS, Appellee.

District Court of Appeal of Florida, First District.

Rehearing Denied April 2, 1981.

Attorney(s) appearing for the Case

Stephen Marc Slepin, of Slepin & Slepin, Tallahassee, and Harold B. Haimowitz, Jacksonville, for appellant.

Jim Smith, Atty. Gen., Joseph Lawrence, Asst. Atty. Gen., and Ronald C. LaFace, Tallahassee, for appellee.

WENTWORTH, Judge.

Appellant Fox challenges an order of the appellee Board dated August 31, 1979, and amended on October 15, 1979, denying a petition for declaratory statement because:

1... . The issues concerned in the Petition are now before the Division of Administrative Hearings pursuant to Section 120.57, Florida Statutes, involving the Board and Petitioner. Furthermore, those same issues are presently pending before the First District Court of Appeal...

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