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NILSON-NEWEY & CO. v. BALLOU

No. 86-5309.

839 F.2d 1171 (1988)

NILSON-NEWEY AND COMPANY, a Utah General Partnership, Plaintiff-Appellee, v. Ray L. BALLOU, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided February 18, 1988.

Attorney(s) appearing for the Case

Robert L. Milby, argued, Hamm, Milby and Ridings, London, Ky., for defendant-appellant.

Robert Houlihan, Jr., argued, Stoll, Keenon and Park, Lexington, Ky., Perry M. Bentley, for plaintiff-appellee.

Before KENNEDY and NELSON, Circuit Judges, and WEBER, District Judge.

DAVID A. NELSON, Circuit Judge.

The defendant in this legal malpractice action is a lawyer who, notwithstanding a glaring conflict of interest, represented both the purchaser and an interested middleman in a Kentucky land transaction. When the lawyer prepared a legal description of the property for the purchaser, he left out the acreages of the individual parcels comprising the tract and failed to advise the purchaser that the parcels seemed to contain only about...

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