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SWAINSTON v. INTERMOUNTAIN HEALTH CARE

Nos. 870312, 870319.

766 P.2d 1059 (1988)

Lane SWAINSTON, Lori Swainston, and Lane Swainston as guardian ad litem for Zachary Swainston, a minor, Plaintiffs, v. INTERMOUNTAIN HEALTH CARE, INC., et al., Defendants and Appellants. Howard, Lewis & Peterson, Real Party in Interest and Appellee.

Supreme Court of Utah.

December 13, 1988.

Attorney(s) appearing for the Case

Dan S. Bushnell, Charles W. Dahlquist, Merrill F. Nelson, Salt Lake City, for defendants and appellants.

Jackson Howard, Provo, for plaintiffs.

Glenn C. Hanni, Salt Lake City, for appellee.

DURHAM, Justice:

Intermountain Health Care (IHC) appeal from the trial court's order denying its motion to disqualify the firm of Howard, Lewis & Petersen (the Howard firm) from the present action. Following a hearing on the motion, the trial court ruled that IHC was collaterally estopped from litigating its motion because a similar motion had previously been litigated in a case in federal court. We reverse and remand.

Plaintiffs filed the present medical...

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