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SELMA-KINGSBURG-FOWLER CTY., ETC. v. U. S. DIST. CT., ETC.

No. 78-3400.

604 F.2d 643 (1979)

SELMA-KINGSBURG-FOWLER COUNTY SANITATION DISTRICT, a California special district, Petitioner, v. UNITED STATES DISTRICT COURT FOR the EASTERN DISTRICT, OF CALIFORNIA, Respondent, Braun, Pasillas & Wagner, a co-partnership, Leo Braun, Manuel Pasillas, Charles T. Wagner, Individually and as co-partners, Envirotech, Inc., a Delaware Corporation, Eimco Corporation, a Delaware Corporation, Eimco, BSP Services Co., a corporation or a division of a corporation, and Eimco, BSP Division, a corporation or a division of a corporation, Real Parties in Interest.

United States Court of Appeals, Ninth Circuit.

September 18, 1979.

Attorney(s) appearing for the Case

Denise A. Routhier, Thomas, Snell, Jamison, Russell, Williamson & Asperger (argued), Fresno, Cal., for petitioner.

Thomas J. Mikos, Monteleone & McCrory, Los Angeles, Cal., Dean A. Bailey, Stammer, McKnight, Barnum & Bailey, Fresno, Cal., (argued), for respondent.

Before ELY and HUFSTEDLER, Circuit Judges, and TAYLOR, District Judge.

ORDER

The Petitioner sued the real parties in interest (hereinafter "Respondents") in the Superior Court of the State of California. Its complaint included charges of the violation of California's anti-trust laws. Thereafter, the Petitioner sued the Respondents in the District Court, claiming damages for the alleged violation of federal anti-trust laws. The federal suit is based, essentially, upon the so-called Clayton Act. 15 U.S.C. §§ 15 and 26.

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