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LES SHOCKLEY RACING, INC. v. NATIONAL HOT ROD ASS'N

Nos. 88-5748, 88-5789.

884 F.2d 504 (1989)

LES SHOCKLEY RACING, INC.; Les Shockley; Robert W. Correll; Gary G. Cerveny; Douglas J. Malewicki; Aero-Visions, Inc.; Gary M. Krolczyk; Larry C. Parks; Dorothy M. McClure, Plaintiffs-Appellants, v. NATIONAL HOT ROD ASSOCIATION; K & K Insurance Agency, Inc., Defendants-Appellees. LES SHOCKLEY RACING, INC.; Les Shockley; Robert W. Correll; Gary G. Cerveny; Douglas J. Malewicki; Aero-Visions, Inc.; Gary M. Krolczyk; Larry C. Parks; Dorothy M. McClure, Plaintiffs-Appellees, v. NATIONAL HOT ROD ASSOCIATION, Defendant-Appellant, and K & K Insurance Agency, Inc., Defendant.

United States Court of Appeals, Ninth Circuit.

Decided September 6, 1989.

Attorney(s) appearing for the Case

Ellen A. Pansky, Bayne & Markle, Van Nuys, Cal., for plaintiffs-appellants-cross-appellees.

David A. Pash, Kinsella, Boesch, Fujikawa & Towle, Los Angeles, Cal., for defendants-appellees-cross-appellants.

Before HUG, HALL and WIGGINS, Circuit Judges.

HUG, Circuit Judge:

Plaintiffs are owners and operators of jet-powered trucks and jet-powered motorcycles, which allegedly have been banned from exhibition racing (racing without prize money) at drag racing events sponsored and controlled by the National Hot Rod Association ("NHRA"). Plaintiffs sued the NHRA and its insurance broker, K & K Insurance Agency, Inc. ("K & K"), alleging that the ban resulted from a conspiracy among the NHRA, K & K, and unnamed...

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