Yazzie v. Olney

593 F.2d 100 Peter YAZZIE, Lena Nez Benally, Administratrix of the Estate of Clyde Benally, Deceased, and Pauline Begay, Administratrix of the Estate of Franklin Begay, Deceased, Plaintiffs-Appellants, v. OLNEY, LEVY, KAPLAN & TENNER, a Professional Corporation, Defendants-Appellees. No. 76-1451. United States Court of Appeals, Ninth Circuit. March 5, 1979. Rehearing Denied April 9, 1979. Paul G. Bardacke (argued) of Sutin, Thayer & Browne, Albuquerque, N. M., for plaintiffs-appellants. Kenneth C. Wey (argued) of Burch, Cracchiolo, Levie, Guyer & Weyl, Phoenix, Ariz., for defendants-appellees. Appeal from the United States District Court for the District of Arizona. Before CHOY and SNEED, Circuit Judges, and WILLIAMS, * District Judge. ORDER Appellees' petition for rehearing is granted. The court's opinion filed herein on November 16, 1978, is withdrawn and the attached revised opinion substituted therefor. REVISED OPINION CHOY, Circuit Judge: 1 Appellants brought this diversity action against Daniel C. Olney individually and the law firm of Olney, Levy, Kaplan & Tenner, alleging failure to prosecute properly their personal injury and wrongful death claims. The…