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MISISCHIA v. PIRIE

No. 94-15135.

60 F.3d 626 (1995)

Arthur J. MISISCHIA, D.M.D., Plaintiff-Appellant, v. Jennifer R. PIRIE, R.D.H., Individually, and in her Capacity as a Member of the Board of Dental Examiners; Donald T. Kawane, D.D.S., Individually, and in his Capacity as a Member of the Board of Dental Examiners; Milton Fujiuchi, D.D.S., Individually, and in his Capacity as a Member of the Board of Dental Examiners; Thad S. Kawakami-Wong, D.D.S., Individually, and in his Capacity as a Member of the Board of Dental Examiners; Angela M.A. Chin, D.M.D., Individually and in her Capacity as a Member of the Board of Dental Examiners; Marcy M. Kawasaki-Haines, D.D.S., Individually, and in her Capacity as a Chairperson of the Board of Dental Examiners; Frank K. Kajawara, D.D.S.; Alan T. Miyamoto, D.D.S.; Martin Zais, D.D.S.; Thomas Green and Carlina Bartolome, Individually and in their Capacity as Members of the Board of Dental Examiners, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided July 20, 1995.

Attorney(s) appearing for the Case

Stanley E. Levin, Davis and Levin, Honolulu, HI, and Eric A. Seitz, Honolulu, HI, for plaintiff-appellant.

Steven S. Michaels, Deputy Atty. Gen., Honolulu, HI, for defendants-appellees.

Before BROWNING, TROTT and KLEINFELD, Circuit Judges.

KLEINFELD, Circuit Judge:

We reject a federal challenge to the fairness of the Hawaii dental board admissions procedure as applied to Dr. Misischia. Because he did not appeal the state administrative determination in the state courts, the administrative decision therefore has preclusive effect.

I. Facts.

Dr. Misischia, a doctor of dental medicine (D.M.D.), lives in Missouri. He is licensed to practice dentistry in Missouri, California, and Florida...

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