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COTO SETTLEMENT v. EISENBERG

No. 08-35966.

593 F.3d 1031 (2010)

COTO SETTLEMENT, Plaintiff-Appellant, v. Ian EISENBERG and Olympic Telecommunications, Inc., Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed January 29, 2010.

Attorney(s) appearing for the Case

Ernst Leonard, Friedman & Feiger, L.L.P., Dallas, TX, and Jeremy Robert Larson, Foster Pepper & Shefelman, Seattle, WA, for the appellant.

Derek A. Newman and Derek Linke, Newman & Newman, Attorneys at Law, Seattle, WA, for the appellees.

Before: RICHARD D. CUDAHY, Senior Circuit Judge, JOHNNIE B. RAWLINSON and CONSUELO M. CALLAHAN, Circuit Judges.

CUDAHY, Circuit Judge:

The question presented here is whether the district court erred in dismissing the claims of Coto Settlement (Coto) as barred by the statute of limitations. Coto claims that it is entitled to part of $1.4 million refunded by the Federal Trade Commission (FTC) following a judgment against Coto, Ian Eisenberg and other entities. Eisenberg and Olympic Telecommunications, Inc. (Olympic), owned by Eisenberg, contend that, if Coto had a claim for conversion...

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