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BURTON v. INFINITY CAPITAL MANAGEMENT

No. 12-15618.

862 F.3d 740 (2014)

Freddy Joe BURTON; Jan Paul Koch, Plaintiffs-Appellees, v. INFINITY CAPITAL MANAGEMENT; Anne Pantelas; Salvatore C. Gugino, Defendants-Appellants, and Ronald J. Israel, Defendant.

United States Court of Appeals, Ninth Circuit.

Filed June 4, 2014.

Amended July 10, 2017.

Attorney(s) appearing for the Case

Kenneth R. Lund (argued) and Brian K. Terry, Thorndal Armstrong Delk Balkenbush & Eisinger, Las Vegas, Nevada, for Defendant-Appellant Salvatore C. Gugino.

Daniel R. McNutt (argued), Carbajal & McNutt LLP, Las Vegas, Nevada, for Defendants-Appellants Infinity Capital Management and Anne Pantelas.

Jan Paul Koch (argued), Law Office of Jan Paul Koch, Las Vegas, Nevada; Robert J. Kossack, Kossack Law Offices, Las Vegas, Nevada, for Plaintiffs-Appellees Freddy Joe Burton and Jan Paul Koch.

Before: Sidney R. Thomas, Chief Judge, Ronald Lee Gilman, and Johnnie B. Rawlinson, Circuit Judges.

OPINION

This case requires us to decide whether an attorney sued for violation of a bankruptcy automatic stay is entitled to absolute quasi-judicial immunity. Under the circumstances presented by this case, we hold that he is not. We affirm the judgment of the district court, albeit on different grounds.

I

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