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ULTRAMAR AMERICA, LTD. v. DWELLE

Nos. 87-6373, 87-6473.

900 F.2d 1412 (1990)

ULTRAMAR AMERICA LIMITED, a Delaware Corporation, Plaintiff-Appellant, v. Thomas W. DWELLE, individually and as Trustee of the Walter B. Allen, Jr. Trust and the Marjorie Allen Dwelle Trust created under the Will of Ann Allen, et al., Defendants-Appellees. ULTRAMAR AMERICA LIMITED, Plaintiff-Appellant, and Loyd P. Derby, Real-Party-In-Interest-Appellant, v. Thomas W. DWELLE, individually and as Trustee of the Walter B. Allen, Jr. Trust and the Marjorie Allen Dwelle Trust created under the Will of Ann Allen, et al., Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided April 16, 1990.

Attorney(s) appearing for the Case

Loyd P. Derby, Morgan, Lewis & Bockius, Los Angeles, Cal., for plaintiff-appellant.

William M. Bitting, Arthur B. Cook, William A. White, Hill, Farrer, & Burrill, Los Angeles, Cal., for defendants-appellees.

Before HALL and LEAVY, Circuit Judges, and GEORGE, District Judge.

GEORGE, District Judge:

Three issues are raised in these consolidated appeals, namely whether the district court erred in: (1) dismissing Ultramar America Limited's ("Ultramar's") complaint; (2) sanctioning Ultramar's counsel; and (3) awarding costs and attorney's fees to the respondents, Thomas W. Dwelle, et al., ("Dwelle"). Because we determine that the district court lacked jurisdiction over this action, we reverse and...

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