Miller v. Haller

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 withdrew from the Silverton Partnership, Haller would continue to refer patients for general surgery to Miller in the same pattern as when the physicians were partners. Miller…