Bertelsen

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

JEFFREY P. BERTELSEN; AMY L. 

BERTELSEN, husband and wife and the marital community comprised thereof; BERTELSEN FOOD GAS, INC., a Washington corporation;

RICHARD BERTELSEN; JANIS JO

BERTELSEN, husband and wife and the marital community comprised No. 06-36020 thereof, Plaintiffs-Appellants,  D.C. No.

CV-04-05135-LRS

v. OPINION

ROGER K. HARRIS; ROGER K.

HARRIS PC, an Oregon professional services corporation;

HARRIS BERNE CHRISTENSEN LLP,

an Oregon limited liability partnership, Defendants-Appellees.  Appeal from the United States District Court for the Eastern District of Washington Lonny R. Suko, District Judge, Presiding

Argued and Submitted April 10, 2008—Seattle, Washington

Filed August 11, 2008

Before: Carlos T. Bea and Milan D. Smith, Jr., Circuit Judges, and Joseph M. Hood,* Senior District Judge.

*The Honorable Joseph M. Hood, Senior United States District Judge for the Eastern District of Kentucky, sitting by designation.

10249 10250 BERTELSEN v. HARRIS Opinion by Judge Bea; Dissent by Judge Milan D. Smith,…