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COMMUNITY DENTAL SERVICES v. TANI

No. 00-56450.

282 F.3d 1164 (2002)

COMMUNITY DENTAL SERVICES, dba SmileCare Dental Group, Plaintiff-Appellee, v. Stuart TANI, DDS, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed March 7, 2002.

As Amended on Denial of Rehearing and Rehearing April 24, 2002.

Attorney(s) appearing for the Case

Dennis D. Burns, La Jolla, CA, for the defendant-appellant.

John F. Cannon, Steven M. Hanle, Edward S. Kim, Stradling Yocca Carlson & Rauth, Newport Beach, CA, for the plaintiff-appellee.

Before BROWNING, REINHARDT and TALLMAN, Circuit Judges.

As Amended on Denial of Rehearing and Rehearing En Banc April 24, 2002.*

OPINION

REINHARDT, Circuit Judge.

This appeal arises from the denial of a motion for relief from default judgment under Fed.R.Civ.P. 60(b).1 We hold that the appellant has demonstrated "extraordinary circumstances" that warrant setting aside the default judgment and therefore reverse the district court. See Fed...

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