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SHERMAN v. STATE

No. 61645-1.

905 P.2d 355 (1995)

128 Wash.2d 164

Scott SHERMAN, M.D., Ph.D., and Judy Sherman, his wife and their marital community, Respondents, v. The STATE of Washington; University of Washington (School of Medicine); Thomas Hornbein, M.D.; Bruce C. Gilliland, M.D.; and President William Gerberding; John Does 1-3; Jane Does 1-3, Appellants.

Supreme Court of Washington, En Banc.

As Amended and Further Reconsideration Denied January 31, 1996.

Attorney(s) appearing for the Case

Edwards, Sieh, Wiggins & Hathaway, Howard M. Goodfriend, Heller, Ehrman, White & McAuliffe, Patricia H. Wagner, Seattle, for appellants.

Christine Gregoire, Attorney General, William L. Williams, Asst., Christine Gregoire, Attorney General, William B. Collins, Asst., Narda D. Pierce, Asst., Olympia, for appellant Attorney General.

Mary C. Kinerk, Laurie A. Kinerk, Seattle, for respondents.

PEKELIS, Justice.

This appeal stems from the decision of the University of Washington School of Medicine (the University) to terminate Dr. Scott Sherman, Respondent, from its anesthesiology residency program. It is undisputed that Dr. Sherman became chemically dependent on anesthetic narcotics while a resident in the program. Following an incident that raised the suspicion that Dr. Sherman may have used anesthetic narcotics...

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