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DUMMAR v. LUMMIS

No. 07-4062.

543 F.3d 614 (2008)

Melvin DUMMAR, Plaintiff-Appellant, v. William Rice LUMMIS; Frank W. Gay, II and Robert C. Gay, as personal representatives of Frank William Gay, deceased, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

September 12, 2008.

Attorney(s) appearing for the Case

Stuart L. Stein, The Stein Law Firm, Albuquerque, NM, for Plaintiff-Appellant.

Randy L. Dryer (Gordon L. Roberts and James T. Blanch, with him on the briefs), of Parsons, Behle & Latimer, Salt Lake City, UT, for Defendant-Appellee Lummis.

Peggy A. Tomsic (Eric K. Schnibbe, with her on the briefs), of Tomsic & Peck, Salt Lake City, UT, for Defendants-Appellees Gay.

Before MURPHY, HARTZ, and GORSUCH, Circuit Judges.

HARTZ, Circuit Judge.

This case, like several before it (as well as a few books and an Academy Award winning film),1 concerns the estate of the late billionaire Howard Hughes. Plaintiff Melvin Dummar has long maintained that he is entitled to a portion of the Hughes fortune, having been named an heir in a handwritten document (the Holographic Will) purporting to be Hughes's will. A Nevada jury found the Holographic Will invalid in 1978...

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