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NEI CONTRACTING AND ENG'G v. HANSON AGGREGATES

No. 16-56498.

926 F.3d 528 (2019)

NEI CONTRACTING AND ENGINEERING, INC., on Behalf of Itself and all Others Similarly Situated, Plaintiff-Appellant, v. HANSON AGGREGATES PACIFIC SOUTHWEST, INC., a Delaware Corporation; Hanson Aggregates, Inc.; Lehigh Hanson, Co., Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed June 5, 2019.

Attorney(s) appearing for the Case

Janice R. Mazur (argued), Mazur & Mazur, El Cajon, California; Douglas J. Campion , Law Offices of Douglas J. Campion APC, San Diego, California; Richard E. Grey , Grey Law Group APC, El Cajon, California; for Plaintiff-Appellant.

Fred R. Puglisi (argued), Jay T. Ramsey , and Valerie E. Alter , Sheppard Mullin Richter & Hampton LLP, Los Angeles, California; for Defendants-Appellees.

Before: Richard A. Paez and Richard R. Clifton, Circuit Judges, and Sharon L. Gleason, District Judge.

OPINION

I. BACKGROUND

NEI Contracting and Engineering, Inc. ("NEI") was a longtime customer of concrete supplier Hanson Aggregates, Inc. ("Hanson"). Like Hanson's other customers, NEI placed orders for Hanson's products by calling into a dedicated telephone...

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