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PIZEL v. ZUSPANN

No. 63,261

247 Kan. 54 (1990)

795 P.2d 42

HERBERT PIZEL, et al., Appellants/Cross-Appellees, v. EUGENE P. ZUSPANN, et al., Appellees/Cross-Appellants.

Supreme Court of Kansas.

Opinion filed July 13, 1990.

Attorney(s) appearing for the Case

Stephen B. Rhudy, of Rhudy & Bradford, Chartered, of Lawrence, argued the cause and was on the briefs for appellants/cross-appellees.

Mark A. Buck, of Davis, Wright, Unrein, Hummer & McCallister, of Topeka, argued the cause and was on the brief for appellee/cross-appellant B.E. Whalen.

Michael E. Francis, of Sloan, Listrom, Eisenbarth, Sloan & Glassman, of Topeka, argued the cause and was on the brief for appellee/cross-appellant Eugene P. Zuspann.

The opinion of the court was delivered by

ALLEGRUCCI, J.:

This is a legal malpractice action brought by the potential beneficiaries of an inter vivos trust of Charles Pizel, deceased, against the defendants, attorneys Eugene P. Zuspann and B.E. Whalen.

Prior to trial, defendant Zuspann's motion for summary judgment was granted. Plaintiffs appeal this decision. The claims against defendant Whalen proceeded to a seven-day jury trial. The jury assessed...

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