Guglielmino

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

CARLO GUGLIELMINO; BRIANT CHUN- 

HOON,

No. 05-16144 Plaintiffs-Appellants, v.  D.C. No.

CV-05-00620-VRW

MCKEE FOODS CORPORATION, A

OPINION

TENNESSEE CORPORATION,

Defendant-Appellee.  Appeal from the United States District Court for the Northern District of California Vaughn R. Walker, District Judge, Presiding

Argued and Submitted August 15, 2007—San Francisco, California

Filed October 9, 2007

Before: Diarmuid F. O’Scannlain, Michael Daly Hawkins, and Kim McLane Wardlaw, Circuit Judges.

Opinion by Judge O’Scannlain; Concurrence by Judge O’Scannlain

13573 GUGLIELMINO v. MCKEE FOODS CORP. 13575

COUNSEL

Edward S. Zusman, San Francisco, California, argued the cause and filed briefs for the plaintiffs-appellants. Kevin K. Eng, San Francisco, California, was also on the briefs.

William H. Pickering, Chattanooga, Tennessee, argued the cause and filed a brief for the defendant-appellee. Anthony A. Jackson, Chattanooga, Tennessee, R. Brian Dixon, San Fran- cisco, California, and Michael Hoffman, San Francisco, Cali- fornia, were also on the briefs. 13576 …