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SEARCY v. AUERBACH

No. 91-16289.

980 F.2d 609 (1992)

Sandra SEARCY; Conner Searcy, by and through his guardian ad litem Sandra Searcy; and Stacy Searcy, by and through her guardian ad litem Sandra Searcy, Plaintiffs-Appellants, v. Roy R. AUERBACH, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided December 4, 1992.

Attorney(s) appearing for the Case

Bruce M. Towner, Towner & Lippe, San Francisco, Cal., for plaintiffs-appellants.

Gregory E. Ebstein, Ericksen, Arbuthnot, Brown, Kilduff & Day, San Francisco, Cal., for defendant-appellee.

Before: BOOCHEVER, NOONAN and O'SCANNLAIN, Circuit Judges.

NOONAN, Circuit Judge:

Sandra Searcy and her children Conner and Stacy (the Searcys) brought a suit against Roy R. Auerbach for intentional infliction of emotional distress, libel, professional negligence and negligent infliction of emotional distress. The Searcys were residents of Texas, Auerbach of California, so diversity of citizenship existed. The district court gave summary judgment for Auerbach. We reverse and remand for trial.

BACKGROUND

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