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CLINTON v. ACEQUIA, INC.

Nos. 95-35531, 95-35714.

94 F.3d 568 (1996)

Vernon B. CLINTON, Plaintiff-Appellant, v. ACEQUIA, INC., an Idaho Corporation; Rosemary Haley; Michael J. Haley; John Does, 1-3, Defendants-Appellees. Vernon B. CLINTON, Plaintiff-Appellee, v. ACEQUIA, INC., an Idaho Corporation; Estate of Rosemary Haley; Michael J. Haley, Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

Decided August 27, 1996.

Attorney(s) appearing for the Case

Richard H. Greener, Stanley W. Welsh, and Phil E. DeAngeli, Cosho, Humphrey, Greener & Welsh, P.A., Boise, Idaho, for plaintiff-appellant/appellee.

James T. Jones, Jim Jones & Associates, Boise, Idaho, for defendants-appellees/appellants.

Before: LAY, CHOY and LEAVY, Circuit Judges.

LAY, Circuit Judge:

Vernon B. Clinton, founder and fifty-percent shareholder in defendant Acequia, Inc., appeals the district court's entry of partial summary judgment in favor of defendants (collectively, "Acequia") on Counts One, Two, Four, Five, and in part on Count Three of his complaint, and the denial of his motion for relief from the judgment. In a consolidated appeal, Acequia challenges the district court's handling of the subsequent trial on Count Three....

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