Edw C. Levy Company, Defendant-Counter-Plaintiff-Appellant v. Rm Rein, Plaintiff-Counter-Defendant-Appellee. Rm Rein v. Edw C. Levy Company

85 F.3d 635 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. EDW C. LEVY COMPANY, Defendant-Counter-Plaintiff-Appellant, v. RM REIN, Plaintiff-Counter-Defendant-Appellee. RM REIN, Plaintiff-Appellee, v. EDW C. LEVY COMPANY, Defendant-Appellant. Nos. 94-16421, 94-17207. United States Court of Appeals, Ninth Circuit. Argued and Submitted Dec. 7, 1995. Decided March 1, 1996. Appeal from the United States District Court, for the District of Arizona, D.C. No. CV-91-00598-WKU; Warren K. Urbom, District Judge, Presiding. ORDER Before: BROWNING, CANBY, and HALL, Circuit Judges. The memorandum disposition filed January 10, 1996, is hereby amended per the attached. Appellant's petition for rehearing is hereby DENIED. Before: BROWNING, CANBY, and HALL, Circuit Judges. 1 AMENDED MEMORANDUM * 2 This diversity contract action arises out of Levy's purchase of Rein's Arizona-based asphalt mining and processing company. Rein sued in Arizona state court for Levy's alleged breach of the…