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SCHERZ v. SOUTH CAROLINA INS. CO.

No. CV 99-13486 AHM (RZx).

112 F.Supp.2d 1000 (2000)

James SCHERZ, Plaintiff, v. SOUTH CAROLINA INSURANCE COMPANY, Defendant.

United States District Court, C.D. California.

September 21, 2000.

Attorney(s) appearing for the Case

Martin R. Fox, Los Angeles, CA, for plaintiff.

Gary R. Gleason, Farbstein & Blackman, San Mateo, CA, Gerald J. Nielsen, Nielsen Law Firm, Metairie, LA, for defendant.

ORDER GRANTING DEFENDANT'S MOTION TO DISMISS PLAINTIFF'S SECOND CAUSE OF ACTION

MATZ, District Judge.

INTRODUCTION

As Justice Jackson once good-naturedly confessed, "[p]recedent, however, is not lacking for ways by which a judge may recede from a prior opinion that has proven untenable and perhaps misled others.... Baron Bromwell extricated himself from a somewhat similar embarrassment by saying, `The matter does not appear to me now as it appears...

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