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CALLIE v. NEAR

No. 86-2880.

829 F.2d 888 (1987)

Albert S. CALLIE and Joyce M. Callie, Plaintiffs-Appellees, v. Bradley A. NEAR; Elizabeth R. Near; Reddington Investments, Inc.; and Ruidoso Holiday Limited Partnership, Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

Decided October 7, 1987.

Attorney(s) appearing for the Case

Lindsay Brew, Tucson, Ariz., for plaintiffs-appellees.

Anthony P. Marquez, El Paso, Tex., for defendants-appellants.

Before CHOY, Senior Circuit Judge, TANG, Circuit Judge, and STEPHENS, Senior District Judge.

CHOY, Senior Circuit Judge:

Elizabeth and Bradley Near (the "Nears") and Reddington Investment, Inc. ("Reddington") appeal the district court's decision to enforce a purported settlement agreement without first holding an evidentiary hearing to determine the existence and terms of the agreement. We reverse and remand.

BACKGROUND

On August 31, 1984, Joyce and Albert Callie (the "Callies") filed suit in the district court against, inter alia, the Nears...

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