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THEIS RESEARCH, INC. v. BROWN & BAIN

No. 00-15219.

240 F.3d 795 (2001)

Theis Research, Inc., (Tri), an Illinois corporation, Plaintiff-Appellant, v. Brown & Bain, a California and Arizona law firm, and such present and former Brown & Bain partners, associates, and other personnel responsible for the management and trial of all litigation involving Peter F. Theis and Theis Research, Inc., Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed January 24, 2001.

Attorney(s) appearing for the Case

Paul R. Johnson, Filice Brown Eassa & McLeod LLP, Oakland, California, for the appellant.

Paul A. Renne, Cooley Godward LLP, San Francisco, California, for the appellee.

Before: Stephen S. TROTT, Sidney R. THOMAS and Marsha S. BERZON, Circuit Judges.

PER CURIAM:

Theis Research, Inc. ("TRI"), appeals the district court's (1) grant of defendant Brown & Bain's motion to dismiss for failure to state a claim and (2) dismissal without prejudice, on venue grounds, of TRI's motion to vacate an arbitration award.

The district court's dismissal without prejudice of TRI's motion to vacate was properly based on Sunshine Beauty Supplies, Inc. v. United States District Court, 872 F.2d 310...

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