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HOLLEY v. CRANK

No. 99-56611.

386 F.3d 1248 (2004)

Emma Mary Ellen HOLLEY; David Holley; Michael Holley, a minor; Brooks Bauer, individually and on behalf of the general public, Plaintiffs-Appellants, v. Grove S. CRANK, Sr., individually dba Triad Realtors; Triad Inc., individually dba Triad Realtors, Defendants, and David Meyer, individually and in his capacity as President and designated officer/broker of Triad, Inc., dba Triad Realtors, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed October 26, 2004.

Attorney(s) appearing for the Case

Elizabeth N. Brancart, Brancart & Brancart, Pescadero, CA, for the plaintiffs-appellants.

Douglas G. Benedon, Benedon & Serlin, Woodland Hills, CA, for the defendant-appellee.

Before HUG, B. FLETCHER, Circuit Judges, and ILLSTON, District Judge.

HUG, Circuit Judge:

In Meyer v. Holley, 537 U.S. 280, 123 S.Ct. 824, 154 L.Ed.2d 753 (2003), the Supreme Court vacated this Court's opinion in Holley v. Crank, 258 F.3d 1127 (9th Cir.2001) and remanded for further proceedings. In revisiting this case, we address two distinct questions which the Supreme Court has left for us to decide. First, whether as the designated officer/broker of...

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