DISCLAIMER: Any unofficial case summaries below are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
054020P.pdf 08/21/2006 Richard D. Anheluk v. Richard A. Ohlsen
U.S. Court of Appeals Case No: 05-4020
District of North Dakota
[PUBLISHED][Colloton, Author, with Chief Judge Loken and John R. Gibson,
Circuit Judges]
Civil Case - diversity. Judgment in favor of lawyer in legal malpractice
case is affirmed, as plaintiff could not prevail on the underlying claim
of breach of contract against lenders or bank but for lawyer's misconduct.
Recovery of fees as restitution are not recoverable and must be grounded
in showing unjust enrichment, which is barred under North Dakota law
based on the express contract between the parties.