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MOORE v. TELFON COMMUNICATIONS CORP.

Nos. 75-3704, 76-2134 and 77-1466.

589 F.2d 959 (1978)

Thomas W. MOORE, Plaintiff-Appellant, v. TELFON COMMUNICATIONS CORPORATION et al., Defendants-Appellees. Thomas W. MOORE, Counterclaimant-Appellant, v. TELFON COMMUNICATIONS CORPORATION and Bear, Stearns & Company, et al., Counterdefendants, and Broad, Khourie & Schulz, a Professional Corporation, Appellee. Thomas W. MOORE, Counterclaimant-Appellant Cross-Complainant-Appellant, v. TRANSAMERICA INSURANCE COMPANY, Great American Insurance Company and Maryland Casualty Company, et al., Cross-Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Rehearing Denied June 26, 1978.

Attorney(s) appearing for the Case

Thomas W. Moore in pro. per. (argued).

D. Ford Howe (argued), Broad, Khourie & Schulz, Edward J. McFetridge (argued), of Hauerken, St. Clair, Zappettini, San Francisco, Cal., for defendants-appellees.

Before MERRILL, CUMMINGS, and SNEED, Circuit Judges.

SNEED, Circuit Judge:

This is a consolidation of three appeals arising from two diversity actions brought in the Northern District of California. Such consolidations not infrequently induce appellate dispositions that resemble a vehicle made from mismatched spare parts. This disposition, unfortunately, did not escape this infirmity.

The first action was initiated on July 6, 1970 by appellee Telfon Communications Corporation (Telfon) for the purpose of terminating...

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