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JONES-HAMILTON v. BEAZER MATERIALS & SERVICES

No. 91-15054.

973 F.2d 688 (1992)

JONES-HAMILTON CO., a California Corporation, Plaintiff-Appellant, v. BEAZER MATERIALS & SERVICES, INC.; Kop-Coat, Inc., a Pennsylvania Corporation; Koppers Company, Inc., Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided March 12, 1992.

As Amended on Denial of Rehearing and Rehearing August 24, 1992.

Attorney(s) appearing for the Case

John L. Boos, Pettit & Martin, San Francisco, Cal., for plaintiff-appellant.

James L. Meeder, Beveridge & Diamond, San Francisco, Cal., for defendants-appellees.

Before GOODWIN, FLETCHER, and BRUNETTI, Circuit Judges.

As Amended on Denial of Rehearing and Rehearing En Banc August 24, 1992.

ORDER

The opinion filed on March 12, 1992, is amended as follows:

Slip opinion at 2528: In Part II.A., at the end of the first full paragraph, add the following footnote:

Beazer objects that Abend is at odds with prior decisions in this circuit regarding the appealability of summary judgment denials. We discern no intracircuit conflict. In exercising...

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