United States Ninth Circuit

In an action by a casino to recover a gambling debt, summary judgment for plaintiff is reversed where the district court abused its discretion in excluding from evidence 1) a letter from one of defendant's attorneys that predated his unpaid marker by seven months and that requested, on defendant's behalf, that plaintiff cancel and not renew, under any circumstances, his credit line; and 2) a U.S. Postal Service return receipt, dated three days after the letter, that recited someone at plaintiff may have received the attorney’s letter before defendant signed the marker.

Appellate Information

• Decided 01/11/2011
• Published 01/11/2011

Judges

• Carlos T. Bea

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Gary Logan, Von S. Heinz