John W. Cornell, Dba, Sweetwater Chemical Company v. Technical Products Corporation, Technical Products Corporation v. Sweetwater Chemical Company

981 F.2d 1257 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. John W. CORNELL, dba, Sweetwater Chemical Company, Plaintiff-Appellant, v. TECHNICAL PRODUCTS CORPORATION, Defendant-Appellee. TECHNICAL PRODUCTS CORPORATION, Plaintiff-Appellee, v. SWEETWATER CHEMICAL COMPANY, Defendant-Appellant. Nos. 90-56341, 90-55531. United States Court of Appeals, Ninth Circuit. Argued and Submitted Oct. 7, 1992. Decided Dec. 8, 1992. Before FARRIS, LEAVY and TROTT, Circuit Judges. 1 MEMORANDUM * 2 The original complaint in District Court Civil No. 89-4124 JDG was filed on July 11, 1989, with a caption that read "Sweetwater Chemical Company, a corporation, Plaintiff." In the complaint it was alleged that "Plaintiff Sweetwater Chemical Company is a corporation licensed to do business under the laws of the State of California." Complaint at 1. 3 The plaintiff's counsel learned that Sweetwater Chemical Company was not incorporated and on July 24, 1989 filed an amended complaint identifying…