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MACK v. KUCKENMEISTER

Nos. 09-15290, 09-15291.

619 F.3d 1010 (2010)

Joan R. MACK, as Trustee of the Palace Jewelry & Loan Co., Inc. 401(k) Profit Sharing Plan and Trust, Plaintiff-Appellee, v. Randal S. KUCKENMEISTER, CPA, MST, as Administrator of the Estate of Charla Marie Mack, Deceased, Defendant-Appellee, Darren Roy Mack, an individual, Defendant-Appellant, and John Does, 1 through 50, inclusive, Defendant. Joan R. Mack, as Trustee of the Palace Jewelry & Loan Co., Inc. 401(k) Profit Sharing Plan and Trust, Plaintiff-Appellant, v. Randal S. Kuckenmeister, CPA, MST, as Administrator of the Estate of Charla Marie Mack, Deceased; Darren Roy Mack, an individual, Defendants-Appellees, and John Does, 1 through 50, inclusive, Defendant.

United States Court of Appeals, Ninth Circuit.

Filed July 22, 2010.

Attorney(s) appearing for the Case

Mark Wray , Law Offices of Mark Wray, Reno, NV, for defendant-appellant/cross-appellee Darren Roy Mack.

Todd A. Bader , Bader & Ryan Ltd., Reno, NV, for plaintiff-appellee/cross-appellant Joan R. Mack.

Ryan W. Herrick and Ann Morgan , Jones Vargas , Reno, NV, for defendant-appellee/cross-appellee Randal S. Kuckenmeister.

Before: A. WALLACE TASHIMA and SIDNEY R. THOMAS, Circuit Judges, and WILLIAM STAFFORD, Senior District Judge.

OPINION

THOMAS, Circuit Judge:

Darren Mack murdered his wife, Charla Mack, and shot the state court judge overseeing their divorce proceedings before a final written divorce decree could be filed. Believing Darren Mack and Charla Mack had agreed to the terms of their divorce before Charla Mack's murder, the Estate of Charla Mack filed a motion in state court for the divorce decree to be memorialized in an order dated nunc pro tunc to a time before...

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