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MOSLEY v. TITUS

No. CIV 09-0794 JB/WDS.

762 F.Supp.2d 1298 (2010)

Fred MOSLEY, M.D., Plaintiff, v. Victor TITUS, Stephen Murphy, and Titus & Murphy, LLC, Defendants.

United States District Court, D. New Mexico.

October 28, 2010.

Attorney(s) appearing for the Case

Sam Bregman , Eric Loman , Bregman & Loman, P.C., Albuquerque, NM, for Plaintiff.

Richard L. Gerding , Gerding & O'Loughlin, Farmington, NM, and Alfred L. Green, Jr. , Robert T. Booms , Emily A. Franke , Butt Thornton & Baehr, P.C., Albuquerque, NM, for Defendants.

MEMORANDUM OPINION AND ORDER

JAMES O. BROWNING, District Judge.

THIS MATTER comes before the Court on the Defendants' Motion for Summary Judgment, filed July 21, 2010 (Doc. 50). The Court held a hearing on October 15, 2010. The primary issues are: (i) whether Plaintiff Fred Mosley, M.D., has established a genuine issue of material fact whether Defendant Victor Titus, a lawyer, engaged in malicious abuse of process when he filed claims...

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