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WASCO PRODUCTS v. SOUTHWALL TECHNOLOGIES

No. 04-15171.

435 F.3d 989 (2006)

WASCO PRODUCTS, INC., Plaintiff-Appellant, v. SOUTHWALL TECHNOLOGIES, INC.; Bostik, Inc., Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed January 13, 2006.

Attorney(s) appearing for the Case

T. Scott Tate, Law Offices of T. Scott Tate, San Francisco, CA, for plaintiff-appellant Wasco Products, Inc.

Sarah Chapin Columbia, Mark S. Freeman, Choate, Hall & Stewart, Boston, MA, for defendant-appellee Southwall Technologies, Inc.

David R. Scheidemantle, Proskauer Rose LLP, Los Angeles, CA, for defendant-appellee Bostik, Inc.

Before: WALLACE, TROTT, and RYMER, Circuit Judges.

WALLACE, Senior Circuit Judge.

Wasco Products, Inc. (Wasco) appeals from the summary judgment granted to the appellees. Wasco sought to toll the applicable statutes of limitations because of an alleged civil conspiracy. We decide here the narrow question of whether Wasco was required to plead a civil conspiracy in order to raise the issue. We have jurisdiction pursuant to 28 U.S.C. § 1291. We affirm.

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