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ETHRIDGE v. HARBOR HOUSE RESTAURANT

Nos. 87-5776, 87-6379.

861 F.2d 1389 (1988)

John W. ETHRIDGE, Jr., Plaintiff-Appellant, v. HARBOR HOUSE RESTAURANT, an unknown entity; Jim Murphy, individually and as agent of Harbor House Restaurant, and Does 1-25, Defendants-Appellees. John W. ETHRIDGE, Jr., Plaintiff/Counter-Defendant/Appellant, v. SAN DIEGO CULINARY CONCEPTS, d/b/a Harbor House; Jim Murphy, Individually and as agent of San Diego Culinary Concepts and Does 1-25, Defendants/Counter-Plaintiffs/Appellees.

United States Court of Appeals, Ninth Circuit.

Decided November 17, 1988.

Attorney(s) appearing for the Case

Marie Backes, Backes & Friesen, San Diego, Cal., for plaintiff/counter-defendant/appellant.

Scott A. Wilson and Jody A. Landry, Littler, Mendelson, Fastiff & Tichy, P.C., San Diego, Cal., for defendants/counter-plaintiffs/appellees.

Before HUG, POOLE and THOMPSON, Circuit Judges.

DAVID R. THOMPSON, Circuit Judge:

In these consolidated appeals, John W. Ethridge, Jr. ("Ethridge") appeals from the district court's orders dismissing two complaints filed by him in California state court, but which Harbor House Restaurant ("Harbor House")1 removed to federal district court on the basis of federal question jurisdiction. See 28 U.S.C. § 1441(b). Ethridge contends that Harbor House improperly removed his first...

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