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DAMRON v. HERZOG

No. 94-35043.

67 F.3d 211 (1995)

Paul S. DAMRON, Plaintiff-Appellant, v. Vern HERZOG, JR., Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Submission Deferred March 31, 1995.

Resubmitted May 23, 1995.

Decided September 26, 1995.

Attorney(s) appearing for the Case

Allen B. Ellis, Ellis, Brown & Sheils, Boise, Idaho, for plaintiff-appellant.

Mark S. Geston, Eberle, Berlin, Kading, Turnbow & McKleven, Boise, Idaho, for defendant-appellee.

Before: WRIGHT and BRUNETTI, Circuit Judges, and KELLEHER, District Judge.

KELLEHER, District Judge:

The Idaho District Court held that the state of Idaho does not recognize a general duty of care owed by attorneys to former clients. Accordingly, the district court granted Herzog's motion for summary judgment. Damron appeals. We have jurisdiction pursuant to 28 U.S.C. § 1291 and we reverse and remand to the Idaho District Court for trial.

FACTS

In 1982 Plaintiff-Appellant Paul Damron (Damron) hired Defendant-Appellee...

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