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C. R. FEDRICK, INC. v. STERLING-SALEM CORPORATION

No. 72-3118.

507 F.2d 319 (1974)

C. R. FEDRICK, INC., Plaintiff-Appellee, v. STERLING-SALEM CORPORATION, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

November 8, 1974.

Attorney(s) appearing for the Case

Dario De Benedictis, (argued), of Thelen, Marin, Johnson & Bridges, San Francisco, Cal., for defendant-appellant.

Edward K. Allison (argued), of Ehrlich & Allison, San Francisco, Cal., for plaintiff-appellee.

Before MERRILL and BROWNING, Circuit Judges, and REAL, District Judge.

REAL, District Judge.

This appeal brings before this Court what is, perhaps, a classic example of the various inadequacies of a Federal Court's diversity of citizenship jurisdiction.

Defendant-appellant, Sterling-Salem Corporation (hereafter Sterling) appeals from a judgment rendered by the District Court on behalf of plaintiff-respondent C. R. Fedrick, Inc. (hereafter Fedrick) on a claim arising out of a purported breach of contract in which Sterling was...

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