Schulz-Clearwater Sanitation, Inc. v. McInnis Enterprises, Dba Schulz Sanitation David McInnis Schulz-Clearwater Sanitation, Inc. v. McInnis Enterprises, Dba Schulz Sanitation David McInnis

81 F.3d 170 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. SCHULZ-CLEARWATER SANITATION, INC., Plaintiff-Appellant, v. McINNIS ENTERPRISES, dba Schulz Sanitation; David McInnis, Defendants-Appellees. SCHULZ-CLEARWATER SANITATION, INC., Plaintiff-Appellee, v. McINNIS ENTERPRISES, dba Schulz Sanitation; David McInnis, Defendants-Appellants. Nos. 94-35723, 94-35814. United States Court of Appeals, Ninth Circuit. Argued and Submitted March 6, 1996. Decided April 5, 1996. Before: REINHARDT, KOZINSKI, and FERNANDEZ, Circuit Judges. 1 MEMORANDUM * 2 The district court dismissed plaintiff's complaint for lack of subject matter jurisdiction. It "found the factual basis underlying the settlement encompassed the same alleged Lanham Act violations [ 15 U.S.C. §§ 1051-1127 (1995) ] as are the subject of the present action and therefore plaintiff has failed to state a separate claim under the Lanham Act." It therefore dismissed that claim and, in the absence of a federal…