Mendenhall Enterprises, Inc. v. Currier

564 F.2d 1239 MENDENHALL ENTERPRISES, INC., a Delaware Corporation, Plaintiff-Appellant, v. Louis C. CURRIER, Herbert N. Grayson, Jo/Kel, Inc., a Nebraska Corporation, Does I through X, inclusive, Defendants-Appellees. No. 76-3363. United States Court of Appeals, Ninth Circuit. Nov. 14, 1977. As Amended Dec. 16, 1977. Frank R. Gasdia (argued), Downey, Cal., for plaintiff-appellant. Ann M. Pougiales (argued), of Loughran, Berol & Hegarty, San Francisco, Cal., for defendants-appellees. Appeal from the United States District Court for the Central District of California. Before WRIGHT and WALLACE, Circuit Judges, and GRANT, District Judge. * EUGENE A. WRIGHT, Circuit Judge: 1 This is an appeal from a judgment for defendants in a contract action governed by California law. Prior to oral argument, this court ordered counsel to direct their arguments to the question whether there is federal jurisdiction over this suit, a question not raised by the parties in any of the briefs, by the court below, or by a panel of this court on an earlier appeal. 2 This suit is on a contract between private parties and only private rights are affected. Mendenhall Enterprises, Inc. (Mendenhall)…