Legal Opinion

Athay v. State, Department of Business Regulation, Registration Division

Utah Supreme Court

Decided February 19, 1981No. 16504PublishedCited by 11 opinions

1Opinion of the Court

SWAN, District Judge:

Defendants appeal from a memorandum decision of the trial court which found that Section 58-25-2, U.C.A., 1953, had been unconstitutionally applied by the defendants and ordered that the plaintiff be seated for the subsequent psychological examination. Defendants seek to have the decision of the trial court reversed, or in the alternative: (1) a dismissal of the action for further administrative review as provided in Section 58-1-32 and Section 58-1-35.1, U.C.A., 1953; or (2) a remand to the trial court for a full hearing on the merits.

Audrey Lynne Athay, the plaintiff…

2Cases cited8 opinions

  1. Mrs. Lola Hornsby v. Ivan Allen, Mayor of the City of AtlantaCourt of Appeals for the Fifth Circuit · 1964
  2. James Holmes v. New York City Housing AuthorityCourt of Appeals for the Second Circuit · 1968
  3. Franklin v. ShieldsCourt of Appeals for the Fourth Circuit · 1977
  4. Sun Ray Drive-In Dairy, Inc. v. Oregon Liquor Control CommissionCourt of Appeals of Oregon · 1973
  5. Baker-Chaput v. CammettDistrict Court, D. New Hampshire · 1976

3 more not listed; retrieve them via the Exa API.

3Cited by11 opinions

  1. Harlan Sprague Dawley, Inc. v. Indiana Department of State RevenueIndiana Tax Court · 1992
  2. Vance v. FordhamUtah Supreme Court · 1983
  3. Bowie v. Louisiana Public Service Com'nSupreme Court of Louisiana · 1993
  4. Lorenc v. CallCourt of Appeals of Utah · 1990
  5. Fussell v. Department of Commerce, Division of Occupational & Professional LicensingCourt of Appeals of Utah · 1991

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