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U-HAUL INTERN., INC. v. ESTATE OF ALBRIGHT

No. 07-16482.

626 F.3d 498 (2010)

U-HAUL INTERNATIONAL, INC.; U-Haul Company of Nevada, Inc. ("U-Haul"), Plaintiffs-Appellants, v. ESTATE OF Nathan W. ALBRIGHT, Intervenor-Appellee, Debra Wilcher; Steven Wamser; Gregory J. Kamer Ltd., doing business as Kamer Zucker & Abbott; Jennifer A. Cory, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed November 22, 2010.

Attorney(s) appearing for the Case

Gary L. Birnbaum and Scot L. Claus (argued), Mariscal, Weeks, McIntyre & Friedlander, Phoenix, AZ, and Dennis L. Kennedy and Kimberly McGhee , Bailey Kennedy , Las Vegas, NV, for the appellants.

Gregory A. Brower , United States Attorney and Roger W. Wenthe (argued), Assistant United States Attorney, Las Vegas, NV; Leland Eugene Backus (argued) and Marc S. Cwik , Backus & Carranza, Las Vegas, NV; Nathan R. Reinmiller (argued) and Nathan D. Severson , Alverson, Taylor, Mortensen & Sanders, Las Vegas, NV; and Norman H. Kirshman (argued), Las Vegas, NV, for the appellees.

Before: ALEX KOZINSKI, Chief Judge, PAMELA ANN RYMER, Circuit Judge and DAVID G. TRAGER, District Judge.

OPINION

PER CURIAM:

Nathan Albright and Steven Wamser acted as counsel for the National Labor Relations Board in an action against U-Haul. U-Haul sued Albright and Wamser, alleging that they improperly obtained privileged information and used it against U-Haul during the proceedings. The United States Attorney for Nevada certified under the Westfall Act, 28 U.S.C. § 2679(d), that Wamser was acting within the course and scope of his employment at the...

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