Elder

The Board of Medical Examiners of the State of California, hereinafter referred to as “the board,” has appealed from a judgment rendered and entered following a hearing on a petition for writ of mandate filed in the superior court by Harry M. Elder, M.D., hereinafter referred to as “petitioner,” to review the decision and order of the board which revoked his license to practice medicine in this state.

The judgment provides that it is ordered, adjudged and decreed “that the ruling of the respondent Board revoking the petitioner’s license is an abuse of discretion and it is : hereby vacated, annulled and set aside and that this matter is hereby remanded to the State Board of Medical Examiners with the direction that any evidence procured or any information obtained as the result of the illegal search and seizure or by misrepresentation not be received in said hearing. ” This judgment follows the recitals contained in conclusions of law which were signed and filed the same day. These conclusions in turn are predicated upon findings of fact, if they may be so termed, which read as follows: “IV. It is true that respondent prejudicially abused its discretion in said proceeding upon…