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WILSON v. BILL BARRY ENTERPRISES, INC.

No. 86-5906.

822 F.2d 859 (1987)

Thomas H. WILSON and Marilyn L. Grandon, as Co-Trustees of the Testamentary Trust of Huber Greer Wilson, and as Co-Executors of the Estate of Louise Wilson, Plaintiffs-Appellees, v. BILL BARRY ENTERPRISES, INC., Defendant-Appellant, and O.R. Hahn, Inc., dba Santa Ana Chrysler-Plymouth; Ward & James; Freeway Auto Body; Does 1-50, Inclusive, Defendants.

United States Court of Appeals, Ninth Circuit.

Decided July 20, 1987.

As Amended September 28, 1987.

Attorney(s) appearing for the Case

Marc J. Winthrop, Andrew K. Mauthey, Newport Beach, Cal., for defendant-appellant.

Michael N. Zachary, Los Angeles, Cal., for plaintiffs-appellees.

Before NELSON, BEEZER and LEAVY, Circuit Judges.

LEAVY, District Judge:

Bill Barry Enterprises, Inc. (Barry) appeals from the district court's order dismissing its petition for reinstatement of his lease. Barry originally filed the petition in California state court. Appellees, Thomas Wilson and Marilyn Grandon (Wilsons), removed the state court petition to federal district court. The district court dismissed the petition for lack of subject matter jurisdiction. We reverse the dismissal and remand to the district...

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