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AMERICAN GAMES, INC. v. TRADE PRODUCTS, INC.

No. 97-35275.

142 F.3d 1164 (1998)

AMERICAN GAMES, INC., Intervenor-Appellant, v. TRADE PRODUCTS, INC., Plaintiff-Appellee, and Stuart Entertainment, Inc., Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided April 28, 1998.

Attorney(s) appearing for the Case

Gregory A. Castanias, Thomas M. Fisher, Jones, Day, Reavis & Pogue, Washington, DC, for intervenor-appellant.

William S. Strong, Eileen Hagerty, Kotin, Crabtree & Strong, Boston, MA, for defendant-appellee.

William J. Bender, Skellinger, Bender, Mathias & Bender, Seattle, WA, for plaintiff-appellee.

Before: REAVLEY, BOOCHEVER, and KLEINFELD, Circuit Judges.

BOOCHEVER, Circuit Judge:

This appeal by an intervenor involves a district court decision to vacate a judgment after the controversy between the original parties was mooted by an asset sale that effectively merged the two companies. The district court determined that the intervenor had standing, but that the merger was motivated by legitimate business reasons only incidental to the mooted case. The court concluded that the...

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