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SMITH v. LENCHES

No. 00-16582.

263 F.3d 972 (2001)

James C. SMITH; Efren Rivera; Richard A. Bader, Plaintiffs-counter-defendants-Appellees, v. Jeffrey LENCHES; Fred Rosenzweig; Eric Saltzman, Defendants-Appellants, Electronics for Imaging, Inc., a Delaware corporation; Dan Avida, Defendants-counter-claimants-Appellants

United States Court of Appeals, Ninth Circuit.

Filed August 30, 2001.

Attorney(s) appearing for the Case

William S. Dato (argued), and William S. Lerach, Milberg, Weiss, Bershad, Hynes & Lerach LLP, San Diego, California, for the plaintiffs-appellees.

Boris Feldman (argued) and Douglas J. Clark, Wilson Sonsini Goodrich & Rosati, Palo Alto, California, for the defendants-appellants.

Before: William C. CANBY, Jr., Michael Daly HAWKINS, and Ronald M. GOULD, Circuit Judges.

Argued and Submitted July 11, 2001 — San Francisco, California.

RONALD M. GOULD, Circuit Judge:

This is a rare case. In the district court, defendants gained a dismissal with prejudice of all claims against them, which were based on federal law. Yet they complain that they were entitled to more: The right to proceed with their counter claim seeking a declaration that their alleged conduct did not violate state...

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