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BLUE GOOSE GROWERS, INC. v. YUMA GROVES, INC.

No. 79-3158.

641 F.2d 695 (1981)

BLUE GOOSE GROWERS, INC., Counterclaimant-Appellant, v. YUMA GROVES, INC.; Yuma Groves Second; Yuma Groves Third; and Yuma Groves Fourth, Counterdefendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided March 9, 1981.

Rehearing Denied April 13, 1981.

Attorney(s) appearing for the Case

John H. Westover, O'Connor, Cavanagh, Anderson, Westover, Killingsworth & Beshears, Phoenix, Ariz., for counterclaimant-appellant.

Donald M. Peters, Snell & Wilmer, Phoenix, Ariz., argued, for counterdefendants-appellees; Daniel J. McAuliffe, Phoenix, Ariz., on brief.

Before MERRILL and HUG, Circuit Judges, and EAST, District Judge.

PER CURIAM:

Blue Goose Growers, Inc. (Blue Goose) appeals from the dismissal of its counterclaim for abuse of process in a suit brought by the above named Yuma Groves corporations (Yuma) for breach of contract and other violations. The District Court entered the necessary certification under Fed.R.Civ.P. 54(b). We note jurisdiction under 28 U.S.C. § 1291, find no act by Yuma which constitutes an illegitimate use of legal process under Arizona law, and affirm...

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