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MARGULIES BY MARGULIES v. UPCHURCH

Nos. 19762, 19763 and 19776.

696 P.2d 1195 (1985)

Jason Mark MARGULIES, By and Through his Guardian ad Litem, David K. MARGULIES; David K. Margulies; and Janet C. Margulies, Plaintiffs, Respondents, and Cross-Appellants, v. John J. UPCHURCH, M.D.; Carl T. Woolsey, Jr., M.D.; Dan L. Chichester, M.D.; Ob-Gyn Associates, Inc., a Utah professional corporation; St. Mark's Hospital, a Utah corporation; and Dennis L. Morris, M.D., Defendants, Appellants, and Cross-Respondents, v. THIRD JUDICIAL DISTRICT COURT In and for SALT LAKE COUNTY, State of Utah, and The Honorable Dean E. Conder, District Judge, Respondents. John J. UPCHURCH, M.D., Plaintiff, v. THIRD JUDICIAL DISTRICT COURT and The Honorable Dean E. Conder, District Judge, Defendants. Jason Mark MARGULIES, etc., Plaintiffs and Cross-Appellants, v. John J. UPCHURCH, et al.; St. Mark's Hospital, a Utah corporation, Defendants, Appellant, and Cross-Respondents, v. THIRD JUDICIAL DISTRICT COURT and The Honorable Dean E. Conder, District Judge, Respondents.

Supreme Court of Utah.

January 28, 1985.

Attorney(s) appearing for the Case

Elliot J. Williams, David W. Slagle, Salt Lake City, for Morris.

P. Keith Nelson, Salt Lake City, for Upchurch.

Stewart M. Hanson, Jr., Michael W. Homer, Salt Lake City, for Woolsey and Chichester.

Carman E. Kipp, Salt Lake City, for St. Marks.

Donald Holbrook, William B. Bohling, Jeffrey L. Fillerup, Salt Lake City, for Margulies.

David L. Wilkerson, Atty. Gen., for third Dist. Crt.

DURHAM, Justice:

This is an interlocutory appeal, involving consolidated cases, from an order of the district court denying appellants' (Upchurch, Woolsey, and Chichester) motion to disqualify plaintiffs' counsel in the case of Margulies v. Upchurch. The plaintiffs have filed a cross-appeal challenging the trial court's findings regarding the existence of a conflict of interest on the part of plaintiffs' counsel....

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