Legal Opinion

Misischia v. Pirie

Court of Appeals for the Ninth Circuit

Decided July 20, 1995No. 94-15135PublishedCited by 36 opinions

1Opinion of the Court

KLEINFELD, Circuit Judge:

We reject a federal challenge to the fairness of the Hawaii dental board admissions procedure as applied to Dr. Misischia. Because he did not appeal the state administrative determination in the state courts, the administrative decision therefore has preclu-sive effect.

I. Facts.

Dr. Misischia, a doctor of dental medicine (D.M.D.), lives in Missouri. He is licensed to practice dentistry in Missouri, California, and Florida. He serves on the faculty of an oral surgery program in Missouri. Yet he has failed the examination for admission to practice as a dentist in Hawaii…

2Cases cited10 opinions

  1. Pennhurst State School and Hospital v. HaldermanSupreme Court of the United States · 1984
  2. Allen v. McCurrySupreme Court of the United States · 1980
  3. United States v. Utah Construction & Mining Co.Supreme Court of the United States · 1966
  4. University of Tennessee v. ElliottSupreme Court of the United States · 1986
  5. Douglas Miller v. County of Santa CruzCourt of Appeals for the Ninth Circuit · 1994

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3Cited by36 opinions

  1. 98 Cal. Daily Op. Serv. 4219, 98 Daily Journal D.A.R. 5827 the San Remo Hotel Thomas Field Robert Field T & R Investment Corp. v. City and County of San Francisco, a Municipal Corporation Department of City Planning Board of Permit Appeals San Francisco Board of SupervisorsCourt of Appeals for the Ninth Circuit · 1998
  2. Dolores Tarin v. County of Los Angeles Robert C. Gates, Irwin Silberman, Dr.Court of Appeals for the Ninth Circuit · 1997
  3. Skysign International, Inc. v. City and County of Honolulu Does 1-100Court of Appeals for the Ninth Circuit · 2002
  4. Briggs v. City of Rolling Hills EstatesCalifornia Court of Appeal · 1995
  5. YKA Industries, Inc. v. Redevelopment Agency of City of San JoseCalifornia Court of Appeal · 2009

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