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PETITION OF BETTY SPRAGUE

No. 88-143.

132 N.H. 250 (1989)

PETITION OF BETTY SPRAGUE. PETITION OF DAVID C. WHITENACK, M.D. (New Hampshire Board of Registration in Medicine)

Supreme Court of New Hampshire.

October 6, 1989.

Attorney(s) appearing for the Case

Wiggin & Nourie, of Manchester, and Civil Practice Clinic, of Concord (Edward L. Cross, Jr., and Bruce E. Friedman on the brief, and Mr. Cross orally), for petitioner Betty Sprague.

Aeschliman & Tober P.A., of Portsmouth (Stephen L. Tober on the brief and orally), for petitioner David C. Whitenack.

Stephen E. Merrill, attorney general (Douglas N. Jones, assistant attorney general, on the brief and orally), for the State, as amicus curiae.

JOHNSON, J.

Petitioner Betty Sprague petitions this court pursuant to Supreme Court Rule 11 to vacate a decision of the State Board of Registration in Medicine (the board), which denied the imposition of sanctions against Dr. David C. Whitenack for the treatment he rendered her, and to impose sanctions against Dr. Whitenack. In a cross-petition, Dr. Whitenack argues that the correct evidentiary standard to be applied by the board in a disciplinary proceeding is "clear...

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