Team Enterprises v. Western Investment Real Estate

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

TEAM ENTERPRISES, LLC, 

Plaintiff-Appellant, v.

WESTERN INVESTMENT REAL ESTATE

TRUST, AKA Western Properties Trust; WPT, INC., Defendants, and

PK II CENTURY CENTER LP; PAN

PACIFIC RETAIL PROPERTIES, INC., as a corporation and as successor-in- interest to Western Investment

 Real Estate Trust; KIMCO REALTY CORPORATION, as a corporation and as successor-in-interest to Pan Pacific Retail Properties, Inc.;

PRUDENTIAL REAL ESTATE

INVESTORS, as a corporation and as successor-in-interest to Pan Pacific Retail Properties, Inc.; JOHN A. BRANAGH, individually and as a partner of Modesto Center Investors, LP and MC II, LP; LYNETTE F. BRANAGH, individually and as a partner of Modesto Center Investors, LP and MC II,

LP; GAYLON C. PATTERSON,

individually and as a partner of 

18245 18246 TEAM ENTERPRISES v. WESTERN INVESTMENT

Modesto Center Investors, LP and 

MC II, LP; MARLA J. PATTERSON,

individually and as a partner of Modesto Center Investors, LP and

MC II, LP; MODESTO CENTER

INVESTORS, LP; MC II, LP;

No. 10-16916

VULCAN MATERIALS COMPANY;

LEGACY VULCAN CORPORATION; …