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TOUMAJIAN v. FRAILEY

No. 95-56213.

135 F.3d 648 (1998)

Michael TOUMAJIAN, Plaintiff-Appellant, v. Richard FRAILEY and Frailey & Associates, Inc., Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided January 29, 1998.

Attorney(s) appearing for the Case

Robert C. Burlison, Jr., Burlison & Luostari, Glendale, California, for plaintiff-appellant.

Ronald S. Kravitz and Lowell H. Haky, Zelle & Larson LLP, San Francisco, California, for defendants-appellees.

Before: FLETCHER and TROTT, Circuit Judges, and JENKINS, Senior District Judge.

JENKINS, District Judge:

OVERVIEW

Plaintiff Michael Toumajian filed a Complaint in California state court in which he asserted that the defendants, Richard Frailey and Frailey & Associates, Inc. (collectively "Frailey"), were negligent in advising him in setting up and administering a pension plan. The defendants had the matter removed to the district court. On motion of the defendants, the district court dismissed the Complaint. Following payment of...

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