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MISKEW v. HESS

No. 72,298

21 Kan. App. 2d 927 (1996)

DR. DON B.W. MISKEW, Appellant, v. PAUL HESS, Defendant, and LYNN JOHNSON, Appellee.

Court of Appeals of Kansas.

Opinion filed January 26, 1996.

Attorney(s) appearing for the Case

Michael E. Callen, of Boddington & Brown, Chtd., of Kansas City, and David T. Greis, Richard D. Fry, and William H. Pickett, of William H. Pickett, P.C., of Kansas City, Missouri, for appellant.

Barbara A. Harmon and J. Eugene Balloun, of Shook, Hardy & Bacon P.C., of Overland Park, for appellee Lynn Johnson.

Before GREEN, P.J., LEWIS, J., and JAMES L. BURGESS, District Judge, assigned.

GREEN, J.:

Dr. Don B.W. Miskew appeals from summary judgment granted in favor of Lynn Johnson in Dr. Miskew's malicious prosecution claim. On appeal, Dr. Miskew contends that the trial court inappropriately granted summary judgment because genuine issues of material fact remained on three of the essential elements of his malicious prosecution claim. We disagree, holding that any factual disputes were not material to Dr. Miskew's claim and that Dr. Miskew failed to...

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