GENE R. SMITH CORP. v. TERRY'S TRACTOR, INC.

Docket No. D007928.

209 Cal.App.3d 951 (1989)

257 Cal. Rptr. 598

GENE R. SMITH CORPORATION, Plaintiff and Appellant, v. TERRY'S TRACTOR, INC., et al., Defendants and Respondents.

Court of Appeals of California, Fourth District, Division One.

April 18, 1989.


Attorney(s) appearing for the Case

COUNSEL

Gerald L. McMahon, Dennis J. Wickham, Craig E. Courter and Seltzer, Caplan, Wilkins & McMahon for Plaintiff and Appellant.

Gregory W. Pollack, McInnis, Fitzgerald, Rees, Sharkey & McIntyre and Shawn F. Kelly for Defendants and Respondents.


OPINION

WIENER, J.

Plaintiff Gene R. Smith Corporation (Smith) appeals the judgment dismissing all defendants after the court ruled Smith's causes of action for abuse of process and malicious prosecution for the allegedly wrongful and malicious prosecution of an involuntary bankruptcy instituted by the defendants were preempted by federal law, depriving the trial court of subject matter jurisdiction. We affirm.

FACTUAL AND...

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