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RANKIN v. HOWARD

No. 78-3216.

633 F.2d 844 (1980)

Marcus W. RANKIN, Plaintiff-Appellant, v. Wayne HOWARD and Jane Doe Howard, his wife; Joseph Alexander, Sr. and Esther Alexander, his wife et al., Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Submitted September 22, 1980.

Decided December 5, 1980.

Attorney(s) appearing for the Case

Peter D. Baird, Lewis & Roca, Phoenix, Ariz., for plaintiff-appellant.

Albert R. Vermeire, Phoenix, Ariz., Gilmore F. Diekmann, Jr., Bronson, Bronson & McKinnon, San Francisco, Cal., on brief; Bruce E. Miller, Deputy Atty. Gen., Topeka, Kan., for defendants-appellees.

Before WRIGHT and FERGUSON, Circuit Judges, and BROWN, Senior District Judge.

EUGENE A. WRIGHT, Circuit Judge:

The parents of 22 year old Marcus Rankin, a member of the Unification Church, sought to have him "deprogrammed."1 They retained Howard, an Arizona lawyer, to institute a guardianship proceeding.

Howard filed a petition for guardianship with Judge Zeller, a nonlawyer probate judge in Pottawatomie County, Kansas. The petition falsely recited that Rankin was a resident of Pottawatomie County. Actually...

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