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SMITH v. WHATCOTT

No. 84-1337.

774 F.2d 1032 (1985)

Leon G. SMITH and Karen H. Smith, Plaintiffs-Appellees, v. D. Keith WHATCOTT, Phillip Taylor, Taywin, Inc., Taycor Ltd. and Burke Cloward, Defendants-Appellants.

United States Court of Appeals, Tenth Circuit.

October 15, 1985.

Attorney(s) appearing for the Case

M. Dayle Jeffs of Jeffs and Jeffs, Provo, Utah, for defendants-appellants.

Richard B. Johnson of Howard, Lewis & Petersen, Provo, Utah, for plaintiffs-appellees.

Before HOLLOWAY, Chief Judge, SETH and SEYMOUR, Circuit Judges.

SEYMOUR, Circuit Judge.

We have before us a motion by plaintiff Leon Smith to disqualify defendants' trial counsel, the firm of Jeffs and Jeffs, from serving as counsel on appeal. This is the second motion filed by Smith to disqualify defendants' appellate counsel. In Smith v. Whatcott, 757 F.2d 1098 (10th Cir.1985), we granted Smith's motion to disqualify the firm of Nielsen and Senior as defendants' appellate counsel. The...

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