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FRANKLIN SUPPLY COMPANY v. TOLMAN

No. 24989.

454 F.2d 1059 (1971)

FRANKLIN SUPPLY COMPANY, etc., Appellant, v. Albert W. TOLMAN, Jr. and Peat, Marwick, Mitchell & Company, etc., et al., Appellee.

United States Court of Appeals, Ninth Circuit.

As Amended on Denial of Rehearing January 7, 1972.

Attorney(s) appearing for the Case

Irwin F. Woodland (argued), Julian O. von Kalinowski, Carl D. Lawson, Robert E. Cooper, of Gibson, Dunn & Crutcher, Los Angeles, Cal., Helmick, Conover & Burkhardt, Denver, Colo., Victor M. Earle III, New York City (of counsel), for appellant.

Ira C. Rothgerber, Jr. (argued), Robert S. Slosky, of Rothgerber, Appel & Powers, Denver, Colo., Melvin M. Belli, of Belli, Ashe, Ellison, Choulos & Lieff, San Francisco, Cal., Anthony F. Zarlengo, Denver, Colo., for appellee.

Before BARNES, HAMLEY and TRASK, Circuit Judges.

TRASK, Circuit Judge:

This appeal is from a judgment awarding damages to plaintiff below, Franklin Supply Company, from Peat, Marwick, Mitchell & Co., an international certified public accounting firm and defendant below, based upon multiple claims of negligence and misrepresentation; fraud; breach of contract; and fraudulent conspiracy in performing an audit. Also named as a defendant was Albert W. Tolman, a citizen of Texas, representing a class of persons known...

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