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VAN CLEEF v. AEROFLEX CORP.

No. 79-3320.

657 F.2d 1094 (1981)

Ann VAN CLEEF and William H. Brophy, Personal Representatives of the Estate of Hubert O. Merryweather, Plaintiffs-Appellants, v. The AEROFLEX CORPORATION, a New York Corporation, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided October 1, 1981.

Attorney(s) appearing for the Case

William Lee McLane, Phoenix, Ariz., argued, for plaintiffs-appellants; Nola McLane, McLane & McLane, Phoenix, Ariz., on brief.

Terry Fenzl, Phoenix, Ariz., for defendant-appellee.

Before TUTTLE, DUNIWAY and ANDERSON, Circuit Judges.

TUTTLE, Circuit Judge:

Van Cleef and Brophy, personal representatives of the estate of Hubert Merryweather and nominal plaintiffs1 in the diversity action for breach of contract, appeal from a jury verdict for defendant Aeroflex.

I. FACTS

In 1962, Hubert Merryweather was the owner of 50% (5997 shares) of the outstanding shares of Baca Float Ranch, Inc., an Arizona corporation.2 On September...

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