State Of Arizona v. Cook Paint And Varnish Company
Opinion
Opinion
541 F.2d 226 1976-2 Trade Cases 61,051 STATE OF ARIZONA, in its own behalf and on behalf of its agencies, departments, commissions and political subdivisions, et al., Plaintiffs-Appellants, v. COOK PAINT AND VARNISH COMPANY, a Delaware Corporation, et al., Defendants-Appellees. No. 75-1232. United States Court of Appeals, Ninth Circuit. Aug. 20, 1976. Rehearing and Rehearing In Banc Denied Oct. 14, 1976. Philip Von Ammon, and Clavin Udall (argued), of Fennemore, Craig, Von Ammon & Udall, Phoenix, Ariz., for plaintiffs-appellants. Moses Lasky (argued), of Brobeck, Phleger & Harrison, San Francisco, Cal., for defendants-appellees. OPINION Before DUNIWAY, GOODWIN and SNEED, Circuit Judges. PER CURIAM: 1 The judgment is affirmed in all respects, for the reasons stated by District Judge Renfrew in his opinion, D.C.Ariz., 1975, 391 F.Supp. 962 . 2 At oral argument, we raised a question as to the court's jurisdiction over counts two and three of the complaint. Appellants' counsel asserted that it rests (as Judge Renfrew states, 391 F.Supp. at 965 ) on diversity of citizenship ( 28 U.S.C. § 1332 ). Appellees' counsel responded that the presence of the state of Arizona as…