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IN RE LUSTGARTEN

No. COA05-891.

629 S.E.2d 886 (2006)

In re Gary James LUSTGARTEN, M.D., Respondent.

Court of Appeals of North Carolina.

June 6, 2006.

Attorney(s) appearing for the Case

D. Todd Brosius and Thomas W. Mansfield, Raleigh, for the North Carolina Medical Board, petitioner appellee.

Smith, James, Rowlett & Cohen, L.L.P., by Seth R. Cohen, Greensboro, for respondent appellant.

McCULLOUGH, Judge.

Dr. Gary J. Lustgarten appeals from a superior court order affirming a disciplinary decision of the North Carolina Medical Board, which suspended Dr. Lustgarten's license for one year based upon the Board's finding that he had engaged in unprofessional conduct. For the reasons set forth herein, the superior court's order is reversed, and this case is remanded for dismissal of the disciplinary charges...

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