CITY OF EMERYVILLE v. ROBINSON

No. 09-15018.

621 F.3d 1251 (2010)

CITY OF EMERYVILLE; Emeryville Redevelopment Agency, Plaintiffs-Appellees, v. Howard F. ROBINSON, Jr.; Christopher D. Adam; Hilary A. Jackson, individually and as successors to Mary Lou Adam as Trustee of (a) Trust A u/t/o the Adam Family Trust Dated October 10, 1997 and related on October 14, 2003 and (b) the Adam Family Trust, Survivor's Share, Intervenors-Appellees, The Sherwin-Williams Company, an Ohio corporation, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed September 15, 2010.


Attorney(s) appearing for the Case

William D. Wick , Jon K. Wactor , Anna L. Nguyen , and Peter Ton , Wactor & Wick LLP, Oakland, CA, for the defendant-appellant.

Robert P. Doty , Cox, Castle & Nicholson LLP, San Francisco, CA, for the plaintiff-appellee.

Henry S. Hewitt, Erickson , Beasley & Hewitt LLP, Oakland, CA, for intervenor-appellee Howard F. Robinson, Jr.

George B. Speir , Basil S. Shiber and Carolyn Nelson Rowan , Miller Starr Regalia , Walnut Creek, CA, for intervenors-appellees Adam and Jackson.

Before: CYNTHIA HOLCOMB HALL, DAVID R. THOMPSON, and M. MARGARET McKEOWN, Circuit Judges.


OPINION

HALL, Circuit Judge:

The Sherwin-Williams Company ("Sherwin-Williams") appeals from an order of the district court granting in part, and denying in part, a motion for declaratory and injunctive relief. Sherwin-Williams brought the motion to enforce a 2001 court-approved settlement (the "2001 Settlement"), which it negotiated with appellees City of Emeryville and the Emeryville Redevelopment Agency (collectively, "Emeryville") to resolve a lawsuit...

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