DELOZIER v. STATE

No. 92-532.

631 A.2d 228 (1993)

Howard DELOZIER, M.D. v. STATE of Vermont.

Supreme Court of Vermont.

Motion for Reargument Denied July 15, 1993.


Attorney(s) appearing for the Case

S. Crocker Bennett, II and Joseph E. Frank of Paul, Frank & Collins, Inc., Burlington, for plaintiff-appellee.

Jeffrey L. Amestoy. Atty. Gen., and Geoffrey A. Yudien, Asst. Atty. Gen., Montpelier, for defendant-appellant.

Before ALLEN, C.J., and GIBSON, DOOLEY and MORSE, JJ., and PECK, Justice (Ret.), Specially Assigned.


ALLEN, Chief Justice.

The State appeals from a grant of summary judgment ordering the Board of Medical Practice to dismiss charges of immoral or dishonorable conduct brought before the Board against the licensee. The trial court concluded that an earlier determination by the Board that it lacked subject matter jurisdiction was res judicata and barred a subsequent investigation, and that, in any event, the Board lacked jurisdiction to hear the matter. We reverse.<...

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