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SMITH v. IOWA BD. OF MEDICAL EXAMINERS

No. 04-2026.

729 N.W.2d 822 (2007)

Kirk M. SMITH, Appellee, v. IOWA BOARD OF MEDICAL EXAMINERS, Appellant.

Supreme Court of Iowa.

April 6, 2007.

Attorney(s) appearing for the Case

Thomas J. Miller, Attorney General, and Theresa O'Connell Weeg, Assistant Attorney General, for appellant.

Michael M. Sellers of Sellers Law Office, West Des Moines, for appellee.

Michael A. Giudicessi of Faegre & Benson L.L.P., Des Moines, for amicus curiae Iowa Freedom of Information Council.

Rebecca A. Brommel and Catherine C. Cownie, of Brown, Winick, Graves, Gross, Baskerville and Schoenebaum, P.L.C., Des Moines, for amicus curiae Iowa Dental Association.

WIGGINS, Justice.

The Iowa Board of Medical Examiners appeals from a district court decision ordering the Board to cease dissemination of its denial of a physician's license. On appeal the Board argues the district court should not have heard this case because the physician failed to timely file his petition for judicial review. The Board further argues if the petition was timely filed, the denial of the physician's license was a public record that the Board was entitled...

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