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U.S. v. TALAO

Nos. 99-10351, 99-70974.

222 F.3d 1133 (2000)

UNITED STATES of America, Plaintiff-Appellant, Robin L. Harris, Appellant, v. Virgilio TALAO, Defendant-Appellee. United States of America, Petitioner, v. United States District Court for the Northern District of California; Respondent, Virgilio Talao; San Luis Gonzaga Construction Co.; Gerardina Talao; Maria Talao, Real Parties in Interest.

United States Court of Appeals, Ninth Circuit.

Filed August 23, 2000.

Attorney(s) appearing for the Case

James M. Wagstaffe and Pamela Urueta, Kerr & Wagstaffe LLP, San Francisco, California, for the appellant.

Mary McNamara, Swanson and McNamara, San Francisco, California, for the defendant-appellee.

J. Douglas Wilson, United States Attorney's Office, San Francisco, California, for the petitioner.

John T. Philipsborn, San Francisco, California, for real party in interest.

Louis S. Katz, San Francisco, California, for real party in interest.

Before: POLITZ, REINHARDT, and HAWKINS, Circuit Judges.

POLITZ, Circuit Judge:

AUSA Robin Harris appeals the decision of the United States District Court for the Northern District of California that she violated Rule 2-100 of the California Rules of Professional Conduct. The United States petitions this court for a writ of mandamus to prevent the district court from giving a jury instruction intended to remedy what the trial court viewed as Harris' Rule 2-100 violation. For the reasons assigned, we hold that Harris did...

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