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JEWEL COMPANIES v. PAY LESS DRUG STORES NORTHWEST

No. 82-4382.

741 F.2d 1555 (1984)

JEWEL COMPANIES, INC., a New York corporation, and Jewel Acquisition Corporation, a California corporation, Plaintiffs-Appellants, v. PAY LESS DRUG STORES NORTHWEST, INC., a Maryland corporation; W.B. Armitage; Claude Bekins; Noel Flynn; Eugene W. Guinn; Edward B. Hart; Peyton Hawes, et al., Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided September 5, 1984.

Attorney(s) appearing for the Case

Stephen V. Bomse, Daniel E. Titelbaum, Heller, Ehrman, White & McAuliffe, San Francisco, Cal., for plaintiffs-appellants.

Richard W. Canady, Robert E. Gooding, Jr., H. Mathew Moore, Howard, Rice, Nemerovski, Canady, Robertson & Falk, San Francisco, Cal., Geoffrey M. Kalmus, Alan R. Friedman, Kramer, Levin, Nessen, Kamin & Frankel, New York City, for defendants-appellees.

Before TANG and REINHARDT, Circuit Judges, and BURNS, District Judge.

REINHARDT, Circuit Judge:

This case arises out of a takeover battle for the acquisition of a publicly traded company, the Pay Less Drug Stores ("Pay Less"). Plaintiff, the Jewel Companies, Inc. ("Jewel") appeals an order granting summary judgment for the defendant, Pay Less Drug Stores Northwest, Inc., ("Northwest").1 Jewel alleges that Northwest's actions constitute tortious interference with a merger agreement between Pay Less and Jewel...

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