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JOSEPH, M.D. v. MARKOVITZ, M.D.

No. 1 CA-CIV 2736.

27 Ariz. App. 122 (1976)

551 P.2d 571

Samuel R. JOSEPH, M.D., Appellant, v. Meyer MARKOVITZ, M.D., Roy S. Weinrach, M.D., and Liberty Mutual Insurance Company, Appellees. LIBERTY MUTUAL INSURANCE COMPANY, a corporation, Cross-Appellant, v. Samuel R. JOSEPH, M.D., Cross-Appellee.

Court of Appeals of Arizona, Division 1, Department B.

Rehearing Denied August 9, 1976.

Review Denied September 21, 1976.

Attorney(s) appearing for the Case

Hofmann, Salcito & Hover, P.C. by Leroy W. Hofmann, Phoenix, for appellant and cross-appellee, Samuel R. Joseph, M.D.

Renaud, Cook, Miller & Cordova, P.A. by Richmond Turner and J. Gordon Cook, Phoenix, for appellees and cross-appellant, Meyer Markovitz, M.D., Roy S. Weinrach, M.D., and Liberty Mutual Ins. Co.

OPINION

WREN, Judge.

The plaintiff below, Samuel R. Joseph, M.D., brings this appeal from the granting of motions for summary judgment in favor of the defendants, Meyer Markovitz, M.D., Roy S. Weinrach, M.D., and Liberty Mutual Insurance Company. Liberty Mutual has cross-appealed the granting of summary judgment in favor of Dr. Joseph on the issue of attorney's fees.

Dr. Joseph's claim against the defendants had its origin in a malpractice action instituted...

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