Callie v. Near

829 F.2d 888 Fed. Sec. L. Rep. P 93,409 Albert S. CALLIE and Joyce M. Callie, Plaintiffs-Appellees, v. Bradley A. NEAR; Elizabeth R. Near; Reddington Investments, Inc.; and Ruidoso Holiday Limited Partnership, Defendants-Appellants. No. 86-2880. United States Court of Appeals, Ninth Circuit. Argued and Submitted June 11, 1987. Decided Oct. 7, 1987. Lindsay Brew, Tucson, Ariz., for plaintiffs-appellees. Anthony P. Marquez, El Paso, Tex., for defendants-appellants. Appeal from the United States District Court for the District of Arizona. Before CHOY, Senior Circuit Judge, TANG, Circuit Judge, and STEPHENS, * Senior District Judge. CHOY, Senior Circuit Judge: 1 Elizabeth and Bradley Near (the "Nears") and Reddington Investment, Inc. ("Reddington") appeal the district court's decision to enforce a purported settlement agreement without first holding an evidentiary hearing to determine the existence and terms of the agreement. We reverse and remand. BACKGROUND 2 On August 31, 1984, Joyce and Albert Callie (the "Callies") filed suit in the district court against, inter alia, the Nears and Reddington (the "appellants"). 1 The action arose out of the Callies' investments in two limited…