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GORDON v. STATE MEDICAL EXAMINING BOARD

No. 98-2144.

225 Wis.2d 552 (1999)

593 N.W.2d 481

Bruce GORDON, M.D., Petitioner-Appellant, v. STATE of Wisconsin MEDICAL EXAMINING BOARD, Respondent-Respondent.

Court of Appeals of Wisconsin.

Decided March 4, 1999.

Attorney(s) appearing for the Case

On behalf of the petitioner-appellant, the cause was submitted on the briefs of Curtis C. Swanson, Joy L. O'Grosky and Nicholas S. Harned of Axley Brynelson, LLP of Madison.

On behalf of the respondent-respondent, the cause was submitted on the brief of Bruce A. Olsen, assistant attorney general with whom on the brief was James E. Doyle, attorney general.

Before Vergeront, Roggensack and Deininger, JJ.

DEININGER, J.

Bruce Gordon, M.D., appeals a circuit court order which affirmed the decision of the State Medical Examining Board to deny him an award for costs he incurred in defending himself in disciplinary proceedings commenced by the Department of Regulation and Licensing (DRL). The parties do not dispute that Gordon was a prevailing party under § 227.485, STATS., but they disagree on whether the DRL was substantially justified in pursuing the disciplinary...

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