MCINTYRE v. STATE, 133 Wn.2d 859 (1997)

949 P.2d 347

DAVID J. MCINTYRE, Petitioner, v. THE DEPARTMENT OF HEALTH, MEDICAL DISCIPLINARY BOARD, Respondent.

No. 63695-8.The Supreme Court of Washington. En Banc.Argued September 25, 1996.
Decided December 18, 1997.

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Appeal from the Superior Court for King County, No. 93-2-10166-0, Anne L. Ellington, J., on March 30, 1994.

Graham James, L.L.P./Riddell Williams, P.S., by Joseph E. Shickich, Jr., for petitioner.

Christine O. Gregoire, Attorney General, and Maureen A. Mannix, Assistant, for respondent.

Andrew K. Dolan on behalf of Washington State Medical Association, amicus curiae.

Michael Romansky and Donna M. Moniz on behalf of Outpatient Ophthalmic Surgery Society, amicus curiae.

Alan E. Reider and James P. Mercurio on behalf of Society for Excellence in Eyecare, amicus curiae.

PER CURIAM

One of the Justices of this court having recused, this case was argued to the remaining eight Justices. These eight Justices are divided in their opinions, and there is no majority for either affirmance or reversal as required by Const. art. IV, § 2. Therefore, the decision of the Court of Appeals affirming the Medical Disciplinary Board is affirmed.

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