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TURNACLIFF v. WESTLY

No. 07-15287.

546 F.3d 1113 (2008)

Michael M. TURNACLIFF, in his capacity as Administrator for the Estate of Kathleen M. Dodd, with will annexed, Plaintiff-Appellant, v. Steve WESTLY, in his individual & official capacity as State Controller of the State of California, and in his custodial capacity as Administrator of the Unclaimed Property Fund, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed October 15, 2008.

Attorney(s) appearing for the Case

David B. Tillotson & John A. Lofton, San Francisco, CA, for the plaintiff-appellant.

Edmund G. Brown, Jr., Christopher E. Krueger, Douglas J. Woods, and Zackery P. Morazzini, Sacramento, CA, for the defendant-appellee.

Before: DAVID R. THOMPSON and KIM McLANE WARDLAW, Circuit Judges, and SUSAN R. BOLTON, District Judge.

Judge THOMPSON, Senior Circuit Judge:

Plaintiff-Appellant Michael M. Turnacliff (Turnacliff), in his capacity as administrator of the Estate of Kathleen M. Dodd (the Estate), appeals the district court's summary judgment in favor of defendant Steve Westly, in his individual and official capacity as State Controller of the State of California, and his custodial capacity as administrator of the Unclaimed Property Fund (Controller). Turnacliff alleged that the Controller...

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