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KOHLRAUTZ v. OILMEN PARTICIPATION CORP.

No. 03-16340.

441 F.3d 827 (2006)

Tracy O'Reilly KOHLRAUTZ, Plaintiff, Oilmen Participation Corporation, Counter-claimant, v. OILMEN PARTICIAPTION CORPORATION, Defendant, Tracy O'Reilly Kohlrautz, Counter-defendant, v. Oilmen Participation Corporation, Third-party-plaintiff-Appellee, v. Christopher J. Weber, Receiver, Third-party-defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Submission Withdrawn February 18, 2005.

Resubmitted March 20, 2006.

Filed March 27, 2006.

Attorney(s) appearing for the Case

Terence L. Thompson, Office of the Attorney General, Austin, TX, for the defendant-appellant.

Lawrence A. Kasten, Phoenix, AZ; Von S. Heinz, Lewis & Roca, Las Vegas, NV; Mara E. Fortin, Morris Polich & Purdy, Las Vegas, NV, for the plaintiff-appellee.

Before DOROTHY W. NELSON, W. FLETCHER, and RAYMOND C. FISHER, Circuit Judges.

WILLIAM A. FLETCHER, Circuit Judge.

Christopher Weber was appointed by a Texas state court as a receiver for the marital estate of Tracy O'Reilly Kohlrautz and Franz-Wilhelm Kohlrautz. Weber thereafter participated in a Nevada state court suit brought by Ms. Kohlrautz against Oilmen Participation Corporation ("Oilmen"). Oilmen removed the suit to federal district court, and then filed what it called a "third-party complaint" against Weber alleging abuse of process...

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