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WASSALL v. DeCARO

No. 95-3531.

91 F.3d 443 (1996)

Donald B. WASSALL; Populist Party National Committee; Jeff Wilkerson; Bill Chandler; Phil Chesler; Russ Hunt; The Populist Observer; Tom Parker, Appellees, v. Jeffrey R. DeCARO; O'Malley & Miles; DeCaro, Doran, Siciliano, Gallagher, Sonntag & Deblasis, Donald B. Wassall, Populist Party National Committee; Bill Chandler; Phil Chesler, Russ Hunt; The Populist Observer and Tom Parker, Appellants.

United States Court of Appeals, Third Circuit.

Decided July 29, 1996.

Attorney(s) appearing for the Case

Donald B. Wassall (argued), Gibsonia, PA, for Appellants.

James A. Wood, Marianne C. Plant (argued), Israel, Wood & Puntil, Pittsburgh, PA, for Appellees Jeffrey R. DeCaro, DeCaro, Doran, Siciliano, Gallagher, Sonntag & DeBlasis.

R. Bruce Morrison, Marshall, Dennehey, Warner, Coleman & Goggin, Philadelphia, PA, Scott G. Dunlop, Marshall, Dennehey, Warner, Coleman & Goggin, Pittsburgh, Pa, for appellee O'Malley & Miles.

Before: BECKER, NYGAARD and LEWIS, Circuit Judges.

OPINION OF THE COURT

NYGAARD, Circuit Judge.

In this diversity action alleging legal malpractice, the Populist Party, its Executive Director and National Chairman, Donald P. Wassall, various other Executive Committee Members, and the Populist Observer ("plaintiffs") sue their former attorney, Jeffrey R. DeCaro, and the two law firms at which DeCaro practiced law while representing plaintiffs ("malpractice defendants"). The district court granted summary...

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