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GABBERT v. CONN

No. 95-56610.

131 F.3d 793 (1997)

Paul L. GABBERT, Plaintiff-Appellant, v. David CONN; Carol Najera; Leslie Zoeller; Elliot Oppenheim, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided December 8, 1997

Attorney(s) appearing for the Case

Michael J. Lightfoot, Talcott, Lightfoot, Vandevelde & Sadowsky, Los Angeles, CA, for plaintiff-appellant.

Robert S. Wolfe and Steven J. Renick, Manning, Marder & Wolfe, Los Angeles, CA, for defendants-appellees David Conn and Carol Najera.

Scott D. MacLatchie and Priscilla F. Slocum, Franscell, Strickland, Roberts & Lawrence, Pasadena, CA, for defendants-appellees Leslie Zoeller and Elliot Oppenheim.

Before: PREGERSON and HAWKINS, Circuit Judges, and WEINER, District Judge.

MICHAEL DALY HAWKINS, Circuit Judge.

The prosecution and defense of criminal allegations produce ample opportunity for adversarial conflict. Without even looking for trouble, the interests of prosecution and defense can collide. This appeal demonstrates what can happen when one side steers those forces into direct and obvious conflict. Here, the prosecution's desire to gather evidence for the re-trial of a high-profile murder case runs directly into a defense attorney...

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