Trone v. Smith

621 F.2d 994 Fed. Sec. L. Rep. P 97,557 Curvin J. TRONE, Jr., Trustee for Westgate-California Corp., et al., Appellees, v. C. Arnholt SMITH, James F. Mulvaney, Richard P. Woltman, William B. Connoley, Voler L. Viles, et al., Appellants. No. 77-1832. United States Court of Appeals, Ninth Circuit. June 23, 1980. Thomas R. Sheridan, Simon & Sheridan, Los Angeles, Cal., Robert G. Steiner, Luce, Forward, Hamilton & Scripps, San Diego, Cal., for appellants. Alan D. Croll, Los Angeles, Cal., argued for appellees; Wyman, Bautzer, Rothman & Kuchel, Los Angeles, Cal., on brief. Appeal from the United States District Court for the Southern District of California. Before GOODWIN and KENNEDY, Circuit Judges, and HILL * , District Judge. GOODWIN, Circuit Judge: 1 We review 1 the district court's refusal to grant a motion to disqualify plaintiff's counsel. Whether the refusal was correct on the facts of this case turns upon the effect of the rule against suing a former client. 2 This appeal is one aspect of the complex litigation filed by the trustees in bankruptcy for Westgate-California Corporation (Westgate) and other entities, against a large number of individuals and entities,…