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NEW SD, INC. v. ROCKWELL INTERN. CORP.

No. 94-15723.

79 F.3d 953 (1996)

NEW SD, INC., dba BEI Systron Donner Company, Plaintiff-Appellant, v. ROCKWELL INTERNATIONAL CORPORATION, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided April 1, 1996.

Attorney(s) appearing for the Case

Oliver L. Holmes, Sonnenschein Nath & Rosenthal, San Francisco, California, for the plaintiff-appellant.

Allan J. Joseph and Anna M. Rossi, Rogers, Joseph, O'Donnell & Quinn, San Francisco, California, for the defendant-appellee.

Before: SCHROEDER, FLETCHER and RYMER, Circuit Judges.

RYMER, Circuit Judge:

This is an action for breach of a subcontract by New SD, Inc., dba BEI Systron Donner Company, (Systron) against Rockwell Int'l Corp., which had the prime contract with the Air Force for development of military hardware. The parties are non-diverse. The action was filed in state court; Rockwell removed on the footing that federal law controls; and the district court declined to remand under authority of American Pipe & Steel Corp. v. Firestone...

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