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MARAZITI v. THORPE

No. 93-56632.

52 F.3d 252 (1995)

Richard J. MARAZITI, Plaintiff-Appellant, v. Robert T. THORPE; David Simmons; Gene Carlson; James Thibault; United States of America; Mark Van Epps; Janice L. Platt; First Interstate Bank of California; T.P. Ferrand; City of San Diego; Oscar M. Vasquez; Michael Nichochea, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided April 11, 1995.

Attorney(s) appearing for the Case

Louis E. Goebel, Goebel, Shensa & Beale, San Diego, CA, for plaintiff-appellant.

Loretta C. Argrett (on the briefs), Andrea R. Tebbets (argued), Tax Div., U.S. Dept. of Justice, Washington, DC, for defendant-appellee United States of America.

Before: BROWNING, D.W. NELSON and HAWKINS, Circuit Judges.

MICHAEL DALY HAWKINS, Circuit Judge:

FACTS1

Richard J. Maraziti and Robert T. Thorpe2, both veterinarians, were friends and business associates. On December 17, 1986, as part of a business transaction, Thorpe required Maraziti to deliver $500,000 in cashier's checks, payable to Thorpe, to First Interstate Bank where they could be "verified." However, unbeknownst to Maraziti, Thorpe had arranged...

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