No. 10-17127.

681 F.3d 1064 (2012)

Agnes SUEVER, deceased; Madonna Suever; Steve Tucker; Alexander Vondjidis; Richard W. Seitzinger; Jo-Ann Seitzinger, individually and as trustees for the Seitzinger Family Trust; Johnstone Whitley; Tony Lee; Lynn Keith, on behalf of themselves as individuals and as taxpayers on behalf of other persons similarly situated, Plaintiffs-Appellants, v. Kathleen CONNELL, in her individual capacity as former State Controller of the State of California; Richard Chivaro, in his individual and official capacity; George Deleon, in his individual and official capacity; Steve Westly, in his individual and official capacity as Controller of the State of California, and its custodial capacity as administrator for the Unclaimed Property Fund; John Chiang, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

June 4, 2012.

Attorney(s) appearing for the Case

William Wayne Palmer, Esquire , Law Offices of William W. Palmer, Sacramento, CA, for Plaintiffs-Appellants.

James Harrison , Robin B. Johansen , Margaret Prinzing , Thomas Willis , Remcho, Johansen & Purcell LLP, San Leandro, CA, for Defendants-Appellees.


D.W. NELSON, Circuit Judge:

After this matter was assigned to me, I determined in the course of pre-argument preparation that I appear to be a member of the putative plaintiff class, though it is as yet uncertified, as I own property that appears in the California State Controller's database of unclaimed property.

A fellow judge of this Court recently confronted a similar situation, though in...

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