Harley-Davidson Motor Company, Inc. v. Custom Cycle Delight, Inc.

664 F.2d 1371 HARLEY-DAVIDSON MOTOR COMPANY, INC., a Wisconsin Corporation, Plaintiff-Appellant, v. CUSTOM CYCLE DELIGHT, INC., a California Corporation, Richard Douglas Oliver, John L. Oliver, Defendants-Appellees. No. 80-5064. United States Court of Appeals, Ninth Circuit. Argued and Submitted Sept. 9, 1981. Decided Jan. 7, 1982. Eric Nelson Lindquist, Caldwell & Toms, Los Angeles, Cal., for plaintiff-appellant. David A. Weinfeld, Weinfeld & Mixon, Santa Ana, Cal., for defendants-appellees. Appeal from the United States District Court for the Central District of California. Before CHOY, Circuit Judge, KASHIWA, * Associate Judge, and NORRIS, Circuit Judge. NORRIS, Circuit Judge: 1 Harley-Davidson Motor Company, Inc. (Harley) brought this diversity action against Custom Cycle Delight, Inc. (Custom Cycle) and Richard Oliver and John Oliver, two of its officers and directors, after Harley recovered from Custom Cycle's shop motorcycle parts that were stolen from Harley's warehouse. Harley's complaint stated three claims for relief: the first and third for the defendants' participation in a conspiracy to convert Harley's motorcycle parts; the second, for their participation in…