OLSON FARMS, INC. v. SAFEWAY STORES, INC.

No. 77-2068.

649 F.2d 1370 (1979)

OLSON FARMS, INC., Plaintiff-Appellant, v. SAFEWAY STORES, INCORPORATED; Countryside Farms, Inc.; Gusto Marketing Systems, Inc.; Egg Products Company; and Snow White Egg Company, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

Decided November 8, 1979.

Petition for Rehearing and Rehearing June 30, 1981.


Attorney(s) appearing for the Case

Harold G. Christensen, Salt Lake City, Utah (Michael R. Carlston, Dee Benson, Snow, Christensen & Martineau, Salt Lake City, Utah, on brief), for plaintiff-appellant.

C. Douglas Floyd, San Francisco, Cal. (Richard W. Odgers, Vaughn R. Walker, Pillsbury, Madison & Sutro, San Francisco, Calif., and George L. Nelson, Donn E. Cassity, Romney, Nelson & Cassity, Salt Lake City, Utah, on the brief), for defendant-appellee Safeway Stores, Inc.

Robert W. Brandt, Nelson, Harding, Richards, Leonard & Tate, Salt Lake City, Utah, on the brief for defendant-appellee Snow White Egg Co.

Ricardo B. Ferrari, Salt Lake City, Utah, for defendants-appellees Countrywide Farms, Inc., Gusto Marketing Systems, Inc., and Egg Products Co.

Before HOLLOWAY and McWILLIAMS, Circuit Judges, and MILLER, Judge.


Petition for Rehearing and Rehearing En Banc June 30, 1981.

MILLER, Judge.

This appeal is from an order of the district court for the District of Utah dismissing the complaint of Olson Farms, Inc. ("Olson Farms"), a Delaware corporation,1 on motion of defendants-appellees. Olson Farms filed its complaint on March 12, 1975. As amended, the complaint states that the claim "arises under the laws of the United States and arises out...

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