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ALL AMERICAN DISTRIBUTING CO. v. MILLER BREWING CO.

No. 83-2614.

736 F.2d 530 (1984)

ALL AMERICAN DISTRIBUTING CO., INC., Plaintiff-Appellant, v. MILLER BREWING COMPANY, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided June 29, 1984.

Attorney(s) appearing for the Case

John F. Lundin, Phoenix, Ariz., Steven M. Pesner, Anderson, Russell, Kill & Olick, New York City, for plaintiff-appellant.

Harry J. Cavanagh, O'Connor, Cavanag, Anderson, Westover & Killingsworth, Phoenix, Ariz., for defendant-appellee.

Before SCHROEDER and NORRIS, Circuit Judges, and BELLONI, District Judge.

SCHROEDER, Circuit Judge.

The appeal in this diversity action involves an unsettled question of Arizona law: the meaning of "prevailing party" as it is used in the Arizona Spirituous Liquor Franchises Act, Ariz.Rev.Stat.Ann. §§ 44-1565-1567 (1967 & Supp.1983). The issue is whether successful defense of a preliminary injunction motion coupled with the voluntary dismissal of all other claims entitles Miller Brewing Co. (Miller) to attorney fees as a prevailing...

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