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MENKEN v. EMM

No. 05-16467.

503 F.3d 1050 (2007)

David MENKEN, Plaintiff-Appellant, v. Gerry F. EMM and Maxine C. Emm; Coldwell Banker Itildo, Inc.; Marsha L. Tomerlin and John Doe Tomerlin; David J. Morandi and Jane Doe Morandi; Scarpello, Huss & Oshinski, Ltd., Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed September 19, 2007.

Attorney(s) appearing for the Case

John Derrick, Law Office of John Derrick, Santa Barbara, CA, for the plaintiff-appellant.

Vincent M. Creta, Hammerman & Hultgren, Phoenix, AZ, for the defendants-appellees.

Before: JAY S. BYBEE and MILAN D. SMITH, JR., Circuit Judges, and J. MICHAEL SEABRIGHT, District Judge.

Opinion by Judge SEABRIGHT; Partial Concurrence and Partial Dissent by Judge BYBEE.

SEABRIGHT, District Judge.

On December 12, 2003, Plaintiff-Appellant David Menken ("Menken") filed a Complaint in Arizona state court alleging negligence, interference with contractual relations, civil extortion, and a violation of Arizona Revised Statutes ("A.R.S.") § 33-420. Defendant-Appellee Tomerlin removed the case (based...

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