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PEPPER & TANNER, INC. v. SHAMROCK BROADCASTING, INC.

No. 74-2090.

563 F.2d 391 (1977)

PEPPER & TANNER, INC., a corporation aka Pepper Sound Studios, Inc., acting in its own name and through its division Mars Merchandising Company, Plaintiff-Appellant, v. SHAMROCK BROADCASTING, INC., a corporation, doing business as Station KRIZ, also known as KRIZ, Radio Station KRIZ and KRIZ Broadcasting Station, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

October 18, 1977.

Attorney(s) appearing for the Case

Robert W. Holland, Carson, Messinger, Elliott, Laughlin & Ragan, Phoenix, Ariz., Louis R. Lucas, Ratner, Sugarmon & Lucas, Barbara B. Dickey, G. Philip Arnold, Memphis, Tenn., for plaintiff-appellant.

Mark I. Harrison, Noel K. Dessaint, Harrison, Myers & Singer, Phoenix, Ariz., for defendant-appellee.

Before MERRILL, HUFSTEDLER and KENNEDY, Circuit Judges.

KENNEDY, Circuit Judge:

Appellant Pepper & Tanner, Inc., a Tennessee corporation, brought this diversity action against appellee Shamrock Broadcasting, Inc., an Arizona corporation doing business as Radio Station KRIZ (KRIZ), to recover on four contracts allegedly breached by KRIZ. Following discovery, the court entered a pretrial order which, among other things, incorporated a stipulation of facts. Thereafter, KRIZ moved to amend its answer and to dismiss the...

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