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IN RE MARSHALL

No. 02-56002.

600 F.3d 1037 (2010)

In re Vickie Lynn MARSHALL, Debtor. Elaine T. Marshall, Executrix of the Estate of E. Pierce Marshall, Plaintiff-Counter-Defendant/Appellant-Cross-Appellee, v. Howard K. Stern, Executor of the Estate of the Estate of Vickie Lynn Marshall, Defendant-Counter-Claimant/Appellee-Cross-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed March 19, 2010.

Attorney(s) appearing for the Case

G. Eric Brunstad, Jr., Collin O'Connor Udell, Matthew J. Delude, Michael J. Newman, Joshua Richards, Peter F. Herzog, Kate O'Keeffe, Frank L. Tamulonis, III, Francesco P. Trapani, Dechert, LLP, Hartford, CT, for the appellant-cross-appellee.

Kent L. Richland and Alan Diamond, Greines, Martin, Stein & Richland LLP, Los Angeles, CA, for the appellee-cross-appellant.

Kathleen M. Sullivan, Quinn Emanuel Urquhart Oliver & Heges, LLP, Redwood Shores, CA; Craig Goldblatt, Wilmer Cutler Pickering Hale and Dorr LLP, Washington, D.C., for the amici.

Opinion by Judge BEEZER; Concurrence by Judge KLEINFELD.

BEEZER, Circuit Judge:

This case returns to us after the Supreme Court determined that we had construed too broadly the "probate exception" to our subject matter jurisdiction. Marshall v. Marshall, 547 U.S. 293, 126 S.Ct. 1735, 164 L.Ed.2d 480 (2006). Confident that we have subject matter jurisdiction over this case, id.; 28 U.S.C. § 1291, we turn to the merits of the longstanding and acrimonious dispute.

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