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GILBERT v. BD. OF MEDICAL EXAMINERS

No. 1 CA-CIV 8587.

155 Ariz. 169 (1987)

745 P.2d 617

David Bruce GILBERT, M.D.; and Jack J. Rappeport, Plaintiffs-Appellants, v. BOARD OF MEDICAL EXAMINERS OF the STATE OF ARIZONA; Anna Margaret Osborn; Phillip Z. Saba, M.D.; Steven Spencer, M.D.; Michael R. Geyser, M.D.; Scott Alexander; Richard L. Dexter, M.D.; James E. Brady, Jr., M.D.; David M. Ben-Asher, M.D.; Douglas N. Cerf; and Mark Ivey, Jr., M.D., and Pauline Ivey, his wife, Defendants-Appellees.

Court of Appeals of Arizona, Division 1, Department A.

Review Denied December 8, 1987.

Attorney(s) appearing for the Case

Lesher & Borodkin, P.C. by Jack J. Rappeport and Robert O. Lesher, Tucson, for plaintiffs-appellants.

Winston & Strawn by Daniel D. Maynard, Clifford J. Roth and M. Robert Dauber, Phoenix, for defendant-appellee BOMEX.

Fennemore, Craig, von Ammon, Udall & Powers by John D. Everroad, Timothy Berg and Scott M. Finical, Phoenix, for defendants-appellees Ivey.

OPINION

CONTRERAS, Judge.

This appeal presents three primary issues. First, whether the failure of appellant Dr. Gilbert to seek judicial review of revocation of his medical license by the Board of Medical Examiners (BOMEX) precluded him from later maintaining a civil action against BOMEX and its individual members for interference with contractual relations and intentional infliction of emotional distress. We conclude that he was precluded. Second, whether...

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