Legal Opinion

Leon G. Smith and Karen H. Smith v. D. Keith Whatcott, Phillip Taylor, Taywin, Inc., Taycor Ltd. And Burke Cloward

Court of Appeals for the Tenth Circuit

Decided March 25, 1985No. 84-1337PublishedCited by 67 opinions

1Opinion of the Court

SEYMOUR, Circuit Judge.

A motion to disqualify defendants’ counsel was filed in this appeal after plaintiff Leon Smith realized that an attorney employed by the firm hired to represent defendants on appeal had previously represented him on a matter related to the appeal. Por the reasons set out below, we grant Smith’s motion to disqualify opposing counsel.

The underlying case arose from certain fraudulent misrepresentations concerning occupancy limits made by defendants during the sale of an apartment building to Smith. Smith apparently learned of these misrepresentations sometime after the…

2Cases cited20 opinions

  1. Firestone Tire & Rubber Co. v. RisjordSupreme Court of the United States · 1981
  2. Alfred B. Freeman v. Chicago Musical Instrument Co.Court of Appeals for the Seventh Circuit · 1982
  3. Michael F. Armstrong v. Clovis McAlpinCourt of Appeals for the Second Circuit · 1980
  4. Silver Chrysler Plymouth, Inc. v. Chrysler Motors Corporation and Chrysler Realty CorporationCourt of Appeals for the Second Circuit · 1975
  5. Analytica, Incorporated v. Npd Research, Inc., Defendant-Cross-Appellant-Cross-Appellee. Appeals of Schwartz & Freeman and Pressman and Hartunian ChtdCourt of Appeals for the Seventh Circuit · 1983

15 more not listed; retrieve them via the Exa API.

3Cited by67 opinions

  1. Koch v. Koch IndustriesDistrict Court, D. Kansas · 1992
  2. United States v. Kenneth Wayne StigerCourt of Appeals for the Tenth Circuit · 2005
  3. Tessier v. Plastic Surgery Specialists, Inc.District Court, E.D. Virginia · 1990
  4. English Feedlot, Inc. v. Norden Laboratories, Inc.District Court, D. Colorado · 1993
  5. United States Ex Rel. Lord Electric Co. v. Titan Pacific Construction Corp.District Court, W.D. Washington · 1986

62 more not listed; retrieve them via the Exa API.

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