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SOUTHWEST MARINE, INC. v. CAMPBELL INDUSTRIES

No. 85-6157.

811 F.2d 501 (1987)

SOUTHWEST MARINE, INC., a corporation, Plaintiff-Appellant, v. CAMPBELL INDUSTRIES, a corporation, et al., Defendants, Triple "A" Machine Shop, Inc., a corporation, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided February 25, 1987.

Attorney(s) appearing for the Case

Fredman, Silverberg and Lewis, Inc., Michael J. Roberts, San Diego, Cal., for plaintiff-appellant.

Eugene Crew, San Francisco, Cal., for defendant-appellee.

Before CANBY, REINHARDT and NOONAN, Circuit Judges.

ORDER

Triple "A" Machine Shop's suggestion for en banc consideration is rejected. A vote was taken, but a majority of the active judges were not in favor of en banc consideration.

OPINION

REINHARDT, Circuit Judge:

The petition for rehearing is denied. Triple "A" Machine Shop's reliance on Kentucky v. Graham, 473 U.S. 159, 105 S.Ct. 3099, 87 L.Ed.2d 114...

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