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ACRI v. VARIAN ASSOCIATES, INC.

No. 95-16666.

114 F.3d 999 (1997)

George ACRI, Plaintiff-Appellant, v. VARIAN ASSOCIATES, INC., Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided June 12, 1997.

Attorney(s) appearing for the Case

Diane Ritchie, Diane Ritchie & Associates, San Jose, CA, for plaintiff-appellant.

Lynne C. Hermle and Leslie Y. Kimball, Orrick, Herrington, & Sutcliffe, Menlo Park, CA, for defendant-appellee.

Before: HUG, Chief Judge, PREGERSON, BOOCHEVER, REINHARDT, BRUNETTI, O'SCANNLAIN, TROTT, RYMER, T.G. NELSON, TASHIMA, and THOMAS, Circuit Judges.

Argued En Banc and Submitted April 24, 1997.

Opinion by Judge RYMER; Dissent by Judge O'SCANNLAIN.

RYMER, Circuit Judge:

George Acri sued his former employer, Varian Associates, Inc., in California Superior Court, alleging age discrimination claims under both federal and California law, as well as contract claims under California law. The parties are non-diverse, but Varian removed the action to federal court on the basis of Acri's claim under the...

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