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BIALAC v. HARSH BUILDING CO.

No. 71-2543.

463 F.2d 1185 (1972)

Sam BIALAC et al., Plaintiffs-Appellants, and Rental Development Corporation of America, an Arizona corporation, Additional Party Planitiff-Appellant, v. HARSH BUILDING CO., an Oregon corporation, et al., Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Rehearing Denied September 12, 1972.

Attorney(s) appearing for the Case

John P. Frank (argued), Gerald K. Smith, R. A. Hillhouse, of Lewis & Roca, John J. Flynn, of Flynn, Kimerer, Thinnes & Galbraith, Phoenix, Ariz., for appellants.

Newman Porter (argued), G. Starr Rounds, F. Pendleton Gaines, III, of Evans, Kitchell & Jenckes, Snell & Wilmer, Phoenix, Ariz., Hutchinson, Schwab & Burdick, Portland, Or., for appellees.

Before CHAMBERS and WRIGHT, Circuit Judges, and PREGERSON, District Judge.

PER CURIAM:

The judgment is reversed. We conclude that we must find there was a lack of diversity of citizenship. Of course, it is tragic when we come up with such a result after the case has gone through a long trial.

Here, the parties stipulated at the outset that one of the defendants, Harsh Building Corporation, has its principal place of business in Oregon. Later the evidence showed that really the only business activity of Harsh Building Corporation...

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