Larry Forness, Plaintiff-appellant, v. Prudential-bache Securities, Inc., Defendant-appellee, 967 F.2d 585 (9th Cir. 1992)

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US Court of Appeals for the Ninth Circuit - 967 F.2d 585 (9th Cir. 1992)

Submitted June 1, 1992. *Decided June 4, 1992

Before FARRIS, WILLIAM A. NORRIS and KOZINSKI, Circuit Judges.


Joel Davidson testified by affidavit that Forness' attorney, John Mueller, offered on behalf of Forness to settle his claims against Prudential-Bache for $25,000. (Affidavit of Joel E. Davidson at p 6) This testimony is not controverted. Forness alleges only that he accepted Prudential-Bache's $25,000 check as payment in full for overrides earned during the first quarter of 1986. (Declaration of Larry M. Forness at p. 3)

We have carefully reviewed the record. We understand Forness' arguments, but Forness failed to raise a genuine issue of material fact as to whether he agreed, through his attorney, to settle his claims for $25,000. See Celotex Corp. v. Catrett, 477 U.S. 317, 324 (1986) (party who will bear burden of proof at trial must set forth specific facts showing genuine issue for trial). Summary judgment was proper.



Pursuant to Ninth Circuit Rule 34-4, the panel unanimously finds this case suitable for disposition without oral argument


This disposition is not appropriate for publication and may not be cited to or by the courts of this Circuit except as provided by Ninth Circuit Rule 36-3