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IN RE MARSHALL

Nos. 02-56002, 02-56067.

392 F.3d 1118 (2004)

In re: Vickie Lynn MARSHALL, Debtor. E. Pierce Marshall, Plaintiff-Counter-Defendant/Appellant-Cross-Appellee, v. Vickie Lynn Marshall, Defendant-Counter-Claimant/Appellee-Cross-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed December 30, 2004.

Attorney(s) appearing for the Case

G. Eric Brunstad, Jr., Bingham McCutchen, Hartford, CT, for the plaintiff-counter-defendant/appellant-cross-appellee.

Sheila S. Kato and Kent L. Richland, Greines, Martin, Stein & Richland, Los Angeles, CA, for the defendant-counter-claimant/appellee-cross-appellant.

Before: BEEZER, KLEINFELD, and PAEZ, Circuit Judges.

BEEZER, Circuit Judge.

This appeal involves disputed claims made by Vickie Lynn Marshall, the surviving spouse of J. Howard Marshall II, against E. Pierce Marshall, the decedent's surviving son, the trustee of decedent's trust property and the executor of the estate of J. Howard Marshall II, deceased.

The surviving spouse alleges that E. Pierce Marshall tortiously interfered with an expected inter vivos gift from the decedent. Three courts — the Texas...

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