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OREGON EGG PRODUCERS v. ANDREW

No. 26808.

458 F.2d 382 (1972)

OREGON EGG PRODUCERS, Plaintiff-Appellee, v. Darroll L. ANDREW, d/b/a Andrew Egg Ranch, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

March 21, 1972.

Attorney(s) appearing for the Case

David F. Berger (argued), William L. Dwyer, of Culp, Dwyer, Guterson & Grader, Seattle, Wash., Bernard E. Newby, Vancouver, Wash., for defendant-appellant.

Paul R. Duden (argued), Stephen R. Frank, of Tooze, Powers, Kerr, Tooze & Peterson, Portland, Ore., Read & Church, Vancouver, Wash., for plaintiff-appellee.

Before DUNIWAY, HUFSTEDLER, and CHOY, Circuit Judges.

PER CURIAM:

This is an interlocutory appeal testing the validity of an order granting Oregon Egg Producers' ("Producers") petition to remove its action from a state court to a federal district court in Washington. Producers initiated the suit by filing a complaint against Andrew to recover upon an account stated. Andrew counterclaimed for damages alleged to have been sustained by reason of Producers' discriminatory pricing of eggs. Producers thereupon sought removal...

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