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HELFAND v. GERSON

Nos. 94-16772, 95-15672.

105 F.3d 530 (1997)

Ruth C. HELFAND; Mark Seidenberg, as Attorney-in-fact for Ruth C. Helfand, real party in interest, Plaintiffs-Appellants, v. Mervyn GERSON; an individual; Gerson, Grekin and Wynhoff, a professional law corporation, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided January 28, 1997.

Attorney(s) appearing for the Case

James V. Lacy, Laguna Niguel, California, for plaintiffs-appellants.

John S. Nishimoto, Ayabe, Chong, Nishimoto, Sia & Nakamura, Honolulu, Hawai`i, for defendants-appellees.

Before BEEZER and THOMPSON, Circuit Judges; and GONZALEZ, District Judge.

DAVID R. THOMPSON, Circuit Judge:

I. OVERVIEW

The widow and nephew of the late William Helfand brought a diversity action alleging legal malpractice against the attorney and law firm responsible for preparing Mr. Helfand's testamentary documents. The district court held the plaintiffs were judicially estopped from asserting their interpretation of Mr. Helfand's testamentary documents because they had successfully advocated an inconsistent position in state...

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