Mark K. Patton, M.D., a Single Man v. Lynn Jacob Cox, Wife, and as Independent of the Last Will of Michael D. Cox
Court of Appeals for the Ninth Circuit
1Opinion of the Court
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, Shel-lie Trembath, divorced in 1994 and are embroiled in a bitter and protracted child-custody battle, which is taking place in a Utah state court. In December of 1996, Trembath asked the Utah court to order Dr. Patton to submit to a psychological evaluation by…
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