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STATE EX REL. KERL v. HOFER

No. 216-3.

4 Wn. App. 559 (1971)

482 P.2d 806

THE STATE OF WASHINGTON, on the Relation of CLYDE K. KERL, Appellant, v. HARLAND G. HOFER, Respondent.

The Court of Appeals of Washington, Division Three.

March 26, 1971.

Attorney(s) appearing for the Case

J.P. Tonkoff (of Tonkoff & Dauber), for appellant.

P. Cameron Devore (of Davis, Wright, Todd, Riese & Jones) and Alan McDonald (of Halverson, Applegate, McDonald, Bond & Grahn), for respondent.

EVANS, J.

This appeal is from an order quashing an order to show cause and dismissing a petition for contempt citation.

The chronology of material events which preceded the order appealed from are as follows:

March 26, 1969 — the plaintiff Clyde K. Kerl filed an action of medical malpractice against the defendant Harland G. Hofer in Yakima County cause No. 52258.

April 14, 1969 — the cause was set for trial by agreement...

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