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MILLER v. INSURANCE MANAGEMENT ASSOCS., INC.

No. 65,438

249 Kan. 102 (1991)

815 P.2d 89

MALCOLM MILLER, as Executor for the Estate of Paul C. Yankey, Jr., Plaintiff, v. INSURANCE MANAGEMENT ASSOCIATES, INC., WILLIAM C. COHEN, JR., R.K. BARRETT, JOE MODDRELL, JR., RICHARD MATASSARIN, PAUL G. STARR, JOSEPH C. LUKENS, II, DANIEL E. NYBERG, THOMAS A. BERRY, AND MICHAEL D. LYNCH, Defendants/Appellees.

Supreme Court of Kansas.

Opinion filed July 12, 1991.

Attorney(s) appearing for the Case

Timothy J. Finnerty, of McDonald, Tinker, Skaer, Quinn & Herrington, P.A., of Wichita, argued the cause, and Kelly J. Rundell, of the same firm, was with him on the briefs for appellants Mark G. Ayesh and Ayesh, Herd & Theis.

Jeffery A. Jordan, of Foulston & Siefkin, of Wichita, argued the cause, and Robert L. Howard and C.A. Beier, of the same firm, were with him on the brief for defendants/appellees.

The opinion of the court was delivered by

ALLEGRUCCI, J.:

This is an appeal from an order entered by the district court disqualifying Mark G. Ayesh, Esq., and his law firm of Ayesh, Herd & Theis, from representing the estate in this case. Ayesh was disqualified pursuant to Rule 1.9(a) (1990 Kan. Ct. R. Annot. 235) of the Model Rules of Professional Conduct (MRPC), Supreme Court Rule 226 (1990 Kan. Ct. R. Annot...

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