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KIRK v. DIV. OF OCC. & PRO. LICENSING

No. 900474-CA.

815 P.2d 242 (1991)

Rodney Farrell KIRK, D.D.S., Plaintiff and Appellant, v. The DIVISION OF OCCUPATIONAL AND PROFESSIONAL LICENSING, DEPARTMENT OF COMMERCE, STATE OF UTAH, Defendant and Appellee.

Court of Appeals of Utah.

July 9, 1991.

Attorney(s) appearing for the Case

Joseph E. Hatch, P.C., Salt Lake City, for plaintiff and appellant.

R. Paul Van Dam, State Atty. Gen., David W. Lund, Asst. Atty. Gen., Tax & Business Regulation Div., Salt Lake City, for defendant and appellee.

Before GARFF, JACKSON and ORME, JJ.

OPINION

JACKSON, Judge:

Rodney Farrell Kirk (Kirk) sought judicial review of the denial by the Division of Occupational and Professional Licensing (Division) of Kirk's application for licensure to practice dentistry in Utah. The district court granted summary judgment in favor of the Division on the ground of res judicata. We reverse.

FACTS

In May 1984, Kirk graduated from the Chicago College of Dental Surgery at Loyola University and subsequently...

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