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SUTTER HOME WINERY v. VINTAGE SELECTIONS

Nos. 90-16156, 90-16171.

971 F.2d 401 (1992)

SUTTER HOME WINERY, INC., a California Corporation, Plaintiff-Counterdefendant-Appellee, v. VINTAGE SELECTIONS, LTD., an Arizona Corporation, Defendant-Counterclaimant-Appellant. SUTTER HOME WINERY, INC., a California Corporation, Plaintiff-Counterdefendant-Appellant, v. VINTAGE SELECTIONS, LTD., an Arizona Corporation, Defendant-Counterclaimant-Appellee.

United States Court of Appeals, Ninth Circuit.

Opinion May 4, 1992.

Opinion Withdrawn July 31, 1992.

Decided July 31, 1992.

Attorney(s) appearing for the Case

Mark A. Nadeau, Morrison, Hecker, Curtis, Kuder & Parrish, Phoenix, Ariz., for defendant-appellee-cross-appellant.

Joel W. Nomkin, Brown & Bain, Phoenix, Ariz., for plaintiff-appellant-cross-appellee.

Before: NORRIS and THOMPSON, Circuit Judges, and EZRA, District Judge.

Argued and Submitted October 9, 1991 — San Francisco, California.

ORDER

Sutter Home Winery, Inc.'s petition for rehearing is granted. The opinion 963 F.2d 1215, filed May 4, 1992 is withdrawn.

OPINION

DAVID A. EZRA, District Judge:

OVERVIEW

Vintage Selections, Ltd. ("Vintage") appeals the district court's grant of judgment on the pleadings in favor of Sutter Home Winery...

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