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GUTTMAN v. KHALSA

No. 03-2244.

401 F.3d 1170 (2005)

Stuart T. GUTTMAN, M.D., Plaintiff-Appellant, v. G.T.S. KHALSA, Livingston Parson, and The State of New Mexico, Defendants-Appellees. United States of America, Intervenor.

United States Court of Appeals, Tenth Circuit.

March 17, 2005.

Attorney(s) appearing for the Case

Ian D. McKelvy, Sanders, Bruin, Coll & Worley, P.A., Roswell, NM, for Plaintiff-Appellant.

Timothy S. Hale (Susan R. Johnson with him on the brief), Riley, Shane & Hale, P.A., Albuquerque, NM, for Defendants-Appellees.

R. Alexander Acosta, Assistant Attorney General, David K. Flynn and Kevin Russell, Attorneys, United States Department of Justice, Washington, DC, filed a brief for Intervenor United States of America.

Before LUCERO, ANDERSON, and McCONNELL, Circuit Judges.

LUCERO, Circuit Judge.

Having failed to obtain reinstatement of his license to practice medicine through an action in New Mexico state courts, Dr. Stuart Guttman now seeks relief in federal court. His license to practice medicine was revoked by the New Mexico Board of Medical Examiners ("Board") and that decision was affirmed by the New Mexico Seventh Judicial District Court. His appeals to the New Mexico Court of Appeals and the New Mexico Supreme Court were unavailing...

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