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BERGSTROM v. NOAH

No. 79,453.

266 Kan. 829 (1999)

974 P.2d 520

MARVIN BERGSTROM; MARILYN BERGSTROM; BEN DREESEN; KAREN DREESEN; and FARMERS LIVESTOCK COMMISSION CO., INC., a Kansas Corporation, Appellants, v. DON W. NOAH; NOAH & HARRISON, P.A.; and LYLE J. KOENIG, Appellees, ROGER McCARTNEY, d/b/a/ STOCKMAN'S LIVESTOCK EXCHANGE; and CHARLENE MCCARTNEY, Defendants.

Supreme Court of Kansas.

Opinion filed March 5, 1999.

Attorney(s) appearing for the Case

John Terry Moore, of Hinkle, Eberhart & Elkouri, L.L.C., of Wichita, argued the cause and was on the brief for appellants.

Justice B. King, of Fisher, Patterson, Sayler & Smith. L.L.P., argued the cause and was on the brief for appellees Don W. Noah and Noah & Harrison, P.A.

No appearance by appellee Lyle J. Koenig.

The opinion of the court was delivered by

DAVIS, J.:

This is a malicious prosecution action growing out of a Kansas antitrust lawsuit filed by Roger McCartney, d/b/a Stockman's Livestock Exchange, and Charlene McCartney (hereinafter referred to collectively as the McCartneys) against Farmers Livestock Commission Co., Inc., Marvin Bergstrom, Marilyn Bergstrom, Ben Dreesen, and Karen Dreesen (hereinafter referred to collectively as the FLCC parties) in the District...

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