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CHRISTOFFEL v. E. F. HUTTON & CO., INC.

No. 76-1223.

588 F.2d 665 (1978)

Dean C. CHRISTOFFEL, as guardian of the Estate of Lillian E. Styer, an incompetent, Appellant, v. E. F. HUTTON & COMPANY, INC., a corporation, Appellee.

United States Court of Appeals, Ninth Circuit.

Rehearing Denied December 26, 1978.

Attorney(s) appearing for the Case

Gerald S. Maltz (argued), of Miller, Pitt & Feldman, Tucson, Ariz., for appellant.

J. Noland Franz (argued), of Carson, Messinger, Elliott, Laughlin & Ragan Phoenix, Ariz., for appellee.

Before HUFSTEDLER and GOODWIN, Circuit Judges, and FIRTH, District Judge.

HUFSTEDLER, Circuit Judge:

Christoffel, the current guardian of the estate of Styer, an incompetent, brought this action against E. F. Hutton & Company, Inc. ("Hutton") seeking to hold Hutton vicariously liable for losses sustained by the incompetent's estate due to Hutton's former employee, Schwager, who both dissipated and misappropriated assets of the estate during his tenure as guardian. Federal jurisdiction was based on Christoffel's claim that Hutton was...

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