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CBS, INC. v. MERRICK

CA Nos. 82-5520, 82-5557.

716 F.2d 1292 (1983)

CBS, INC., Plaintiff/Counterdefendant Appellee/Cross-Appellant, v. David MERRICK, Defendant/Counterclaimant Appellant/Cross-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided September 27, 1983.

Attorney(s) appearing for the Case

William W. Vaughn, O'Melveny & Myers, Los Angeles, Cal., for plaintiff/counterdefendant appellee/cross-appellant.

Dennis E. Kinnaird, Munger, Tolles & Rickershauser, Los Angeles, Cal., for defendant/counterclaimant appellant/cross-appellee.

Before ANDERSON and NELSON, Circuit Judges, and SOLOMON, District Judge.

SOLOMON, Senior District Judge:

CBS, Inc., appellee, filed an action against David Merrick in the Los Angeles County Superior Court for rescission seeking restitution and consequential damages. Merrick removed the action on the grounds of diversity of citizenship to the federal court where he filed an answer and also a counterclaim for damages for breach of contract. Thereafter, CBS filed an amended complaint containing a separate cause of action for damages for breach...

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