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ENRICO FARMS, INC. v. H. J. HEINZ CO.

No. 77-3760.

629 F.2d 1304 (1980)

ENRICO FARMS, INC., Plaintiff, v. H. J. HEINZ COMPANY et al., Defendants. Robert PALLADINO, Intervenor-Plaintiff-Appellant, v. CONTADINA FOODS, INC.

United States Court of Appeals, Ninth Circuit.

Decided August 28, 1980.

Rehearing Denied October 20, 1980.

Attorney(s) appearing for the Case

Patrick Sullivan (on brief), Emmanuel P. Razeto, Oakland, Cal., for plaintiff.

Peter D. Byrnes, Seattle, Wash., for defendants.

Before BROWNING and KILKENNY, Circuit Judges, and EAST, District Judge.

The Memorandum disposition filed herein on June 23, 1980 is withdrawn.

The attached Per Curiam Opinion, with dissent, is now filed in substitution.

Palladino's petition for rehearing on the withdrawn Memorandum disposition is denied.

PER CURIAM:

Palladino appeals the District Court's Order and Partial Summary Judgment in favor of the defendant Contadina Foods, Inc. (Appellee) on his two ancillary contract claims. Palladino was an intervenor...

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