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MILLER v. HALLER

Docket No. 21842, 1996 Opinion No. 118.

924 P.2d 607 (1996)

129 Idaho 345

J. Bayard MILLER, M.D., Plaintiff-Respondent, v. Frederick R. HALLER, M.D., and Jane Doe Haller, husband and wife; Thomas F. Prenger, M.D., and Jane Doe Prenger, husband and wife; and Silverton Medical Clinic, a general partnership consisting of Frederick R. Haller, M.D., and Thomas F. Prenger, M.D., Partners, Defendants-Appellants.

Supreme Court of Idaho, Boise, April 1996 Term.

Rehearing Denied October 28, 1996.

Attorney(s) appearing for the Case

Ramsden & Lyons, Coeur d'Alene; Huppin Ewing Anderson & Paul, Coeur d'Alene, for appellants. Marc A. Lyons argued.

John H. Sahlin, (argued), Coeur d'Alene; Marvin H. Firestone, Half Moon Bay, California, for respondent.

TROUT, Justice

This appeal arises from the district court's grant of respondent's motion for a new trial pursuant to I.R.C.P. 60(b)(6).

I.

BACKGROUND

Dr. J. Bayard Miller filed suit against Dr. Frederick Haller and Dr. Thomas Prenger (Haller), his former partners in the Silverton Medical Clinic Partnership, alleging, among other things, that Haller had breached an oral contract with him. This alleged oral contract provided that, if Miller...

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