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BOARD OF MEDICAL EXAMINERS v. NZEDU

No. 03-05-00032-CV.

228 S.W.3d 264 (2007)

BOARD OF MEDICAL EXAMINERS for the State of Texas and Donald W. Patrick, M.D., J.D., as Executive Director of the Board of Medical Examiners for the State of Texas, Appellants, v. Vivian Adaobi O. NZEDU, M.D., Appellee.

Court of Appeals of Texas, Austin.

Rehearing Overruled June 18, 2007.

Attorney(s) appearing for the Case

Joseph A. Pitner III, Deputy Chief Administrative Law Division, Austin, for appellant.

Ace Pickens, Brown McCarroll, L.L.P., Austin, Peter Linzer, Sealy, and Jasper J. Nzedu, Houston, for appellee.

Before Chief Justice LAW, Justices PEMBERTON and WALDROP.

OPINION

G. ALAN WALDROP, Justice.

This case involves the application of the statute and board rules that limit the number of times an applicant for a medical license in Texas may attempt to pass qualifying examinations. See Tex. Occ.Code Ann. § 155.056 (West 2004). Appellant Texas State Board of Medical Examiners (the Board) denied appellee Dr. Vivian Nzedu's application for a medical license on the basis that she did not pass the United...

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