The following excerpt is from Erdman v. Cochise County, Ariz., 926 F.2d 877 (9th Cir. 1991):
2 We have stated that "[w]here material facts concerning the existence or terms of an agreement to settle are in dispute, the parties must be allowed an evidentiary hearing." Callie v. Near, 829 F.2d 888, 890 (9th Cir.1987). However, no such hearing was requested here by either side.
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