Metro Mobile Cts, Inc., and Metro Mobile Cts of Phoenix, Inc., Plaintiffs-Counter-Defendants-Appellees v. Newvector Communications, Inc., and Newvector Retail Service Inc., Defendants-Counter-Claimants-Appellants

967 F.2d 588 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. METRO MOBILE CTS, INC., and Metro Mobile Cts of Phoenix, Inc., Plaintiffs-Counter-defendants-Appellees, v. NEWVECTOR COMMUNICATIONS, INC., and Newvector Retail Service Inc., Defendants-Counter-claimants-Appellants. No. 91-15634. United States Court of Appeals, Ninth Circuit. Argued and Submitted May 15, 1992. Decided June 8, 1992. As Amended on Denial of Rehearing Aug. 24, 1992. Before FERGUSON, REINHARDT and KOZINSKI, Circuit Judges. 1 MEMORANDUM * 2 Upon review of the record, we find little or no prejudice resulting from NewVector's four-year delay. First, the evidence of prejudice all relates to events that occurred less than a year after NewVector's counterclaims were filed. See Nealey v. Transportation Maritima Mexicana, S.A., 662 F.2d 1275, 1280-81 (9th Cir.1980). Second, the district court's reliance on the fact that the whereabouts of witnesses Sellers and Wheeler were unknown was misplaced: Metro…