PATTON v. COX

No. 00-15537.

276 F.3d 493 (2002)

Mark K. PATTON, M.D., a single man, Plaintiff-Appellant, v. Lynn Jacob COX, wife, and as Independent Executrix of the Last Will of Michael D. Cox, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed January 7, 2002.


Attorney(s) appearing for the Case

Charles E. Buri (argued), Friedl, Richter & Buri, P.A., for the appellant.

Foster Robberson (argued), Susan M. Freeman, W. Todd Coleman, Lewis & Roca, LLP, for the appellee.

Before: WOOD, JR., KOZINSKI, and O'SCANNLAIN, Circuit Judges.


Opinion by Judge O'SCANNLAIN; Dissent by Judge HARLINGTON WOOD, JR.

O'SCANNLAIN, Circuit Judge:

In this diversity action, we must decide whether a witness in a state quasi-judicial proceeding is immune from a breach of contract action arising out of his testimony.

I

Dr. Mark K. Patton practices medicine in Arizona. He and his former wife, Shellie Trembath, divorced in 1994 and are embroiled in a bitter and protracted child-custody battle...

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