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ERNEST E. PESTANA, INC. v. ALOHA SANITARY DISTRICT

No. 26092.

437 F.2d 1357 (1971)

ERNEST E. PESTANA, INC. and Joe D. Miller, a Joint Venture of San Jose, California, Plaintiffs and Appellees, v. ALOHA SANITARY DISTRICT and Unified Sewerage Agency of Washington County, Oregon, Appellants.

United States Court of Appeals, Ninth Circuit.

February 17, 1971.

Attorney(s) appearing for the Case

Carrell F. Bradley (argued), of Schwenn, Bradley & Barchelor, Hillsboro, Or., for appellant.

Daniel J. Seifer (argued), of Norman B. Kobin, of Kobin & Meyer, Robert C. Wall, of Reiter, Day, Wall & Bricker, Portland, Or., for appellee.

Before CHAMBERS, Circuit Judge, MADDEN, Judge of the United States Court of Claims, and DUNIWAY, Circuit Judge.

PER CURIAM:

Pestana, Inc., is a citizen of California and Aloha and Unified are citizens of Oregon. On this interlocutory appeal (28 U.S.C. § 1292) the sole issue involves the citizenship of plaintiff-appellee Joe D. Miller. Pestana and Miller assert a claim as joint venturers against Aloha and Unified.

In the district court Miller contended, as he must to sustain jurisdiction, that he was a citizen of California, and Aloha and Unified offered proof that...

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