SMITH v. WHATCOTT

No. 84-1337.

757 F.2d 1098 (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.

March 25, 1985.


Attorney(s) appearing for the Case

Arthur H. Nielsen, Salt Lake City, Utah (Clark R. Nielsen of Nielsen & Senior, Salt Lake City, Utah, and M. Dayle Jeffs of Jeffs & Jeffs, Provo, Utah, with him on the brief), of Nielsen & Senior, Salt Lake City, Utah, for defendants-appellants.

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

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


SEYMOUR, Circuit Judge.

A motion to disqualify defendants' counsel was filed in this appeal after plaintiff Leon Smith realized that an attorney employed by the firm hired to represent defendants on appeal had previously represented him on a matter related to the appeal. For the reasons set out below, we grant Smith's motion to disqualify opposing counsel.

The underlying case arose from certain fraudulent misrepresentations concerning occupancy limits made...

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