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DeSOTO v. YELLOW FREIGHT SYSTEMS, INC.

Nos. 85-6608, 86-5800.

861 F.2d 536 (1988)

John DeSOTO, Plaintiff/Appellee, v. YELLOW FREIGHT SYSTEMS, INC., Defendant/Appellant.

United States Court of Appeals, Ninth Circuit.

Order Amended November 25, 1988.

Attorney(s) appearing for the Case

Theodore W. Russell, John C. Russell, Los Angeles, Cal., for defendant/appellant.

Robert D. Newman, Los Angeles, Cal., for plaintiff-appellee.

Richard W. Smith, Sacramento, Cal., for amicus curiae.

Before ALARCON, BRUNETTI and NOONAN, Circuit Judges.

ORDER

The order filed July 11, 1988, 851 F.2d 1207 is hereby amended by adding the following sentence to the end of the paragraph before "REVERSED and REMANDED.":

The district court should exercise its discretion as to whether considerations of judicial economy, convenience, and fairness still weigh in favor of its exercise of pendent jurisdiction or whether it should remand to the state court.

ORDER

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