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ZALUTSKY v. EPSTEIN

No. 86-3819.

820 F.2d 1089 (1987)

Morton H. ZALUTSKY, Trustee of Zalutsky, Klarquist & Johnson, P.C., Profit-Sharing Plan and Trust, Plaintiff-Appellant, v. Jean EPSTEIN, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided June 29, 1987.

Dissenting Opinion Amended July 14, 1987.

Attorney(s) appearing for the Case

Gary L. Kahn, Portland, Or., for plaintiff-appellant.

Bennett H. Goldstein, Portland, Or., for defendant-appellee.

Before ANDERSON, TANG and NOONAN, Circuit Judges.

ORDER

The judgment of the district court is AFFIRMED for the reasons stated by Judge Frye.

TANG, Circuit Judge, dissenting:

I respectfully dissent.

Morton Zalutsky appeals a summary judgment dismissing his contract guaranty action against Mrs. Jean Epstein. Zalutsky is trustee of a profit-sharing plan and a resident of Oregon. Mrs. Epstein is a California resident and widow of the late Dr. Leonard Epstein. Dr. Epstein was general partner...

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