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WEITZEL v. DEPT. OF COMMERCE OF STATE OF UTAH

No. 99-4214.

240 F.3d 871 (2001)

Robert A. WEITZEL, M.D., Plaintiff-Appellant, v. DIVISION OF OCCUPATIONAL AND PROFESSIONAL LICENSING OF THE DEPARTMENT OF COMMERCE OF THE STATE OF UTAH, A. Gary Bowen, Director of the Division of Occupational and Professional Licensing, in both his official and individual capacities, and John Does I through X, in their official and individual capacities, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

January 24, 2001.

Attorney(s) appearing for the Case

Peter Stirba (John Warren May, with him on the briefs), Stirba & Hathaway, Salt Lake City, Utah, appearing for the Appellant.

Brent A. Burnett, Assistant Attorney General (Jan Graham, Attorney General, and Nancy L. Kemp, Assistant Attorney General, on the brief), Office of the Attorney General of the State of Utah, Salt Lake City, Utah, appearing for the Appellee.

Before TACHA, Chief Judge, McWILLIAMS and MURPHY, Circuit Judges.

TACHA, Chief Judge.

Plaintiff appeals the district court's abstention under the doctrine of Younger v. Harris, 401 U.S. 37, 91 S.Ct. 746, 27 L.Ed.2d 669 (1971). We exercise jurisdiction pursuant to 28 U.S.C. § 1291 and affirm.1

I. Facts

Prior to August 24, 1999, the appellant, Robert A. Weitzel, M.D., was licensed to practice psychiatry by the appellee, Division of Occupational...

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