Oxycal Laboratories, Inc., Plaintiff-Counter-Defendant and Inter-Cal Corporation v. Alacer Corporation, Defendant-Counter-Claimant

Good Law
99 F.3d 1146·1996 WL 560228·1996 U.S. App. LEXIS 40438
United States Court of Appeals for the Ninth CircuitSeptember 30, 199696-55026California787 words

Opinion

Opinion

99 F.3d 1146 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. OXYCAL LABORATORIES, INC., Plaintiff-Counter-Defendant Appellant, and Inter-Cal Corporation, Plaintiff-Appellant, v. ALACER CORPORATION, Defendant-Counter-Claimant Appellee, No. 96-55026. United States Court of Appeals, Ninth Circuit. Submitted Sept. 16, 1996. * Decided Sept. 30, 1996. 1 Before: KOZINSKI and LEAVY, Circuit Judges, and SCHWARZER, ** Senior District Judge. 2 MEMORANDUM *** 3 Oxycal Laboratories, Inc., and Inter-Cal Corporation (Oxycal) appeal from an order and judgment of the district court denying their "application for sanctions and enforcement of the settlement agreement." On October 3, 1994, Oxycal and defendant Alacer Corp. entered into an agreement to settle the litigation pending between them. The agreement provided, among other things, that "[p]romptly upon execution of this Agreement, the parties shall cause their respective counsel ... to execute and file with the Court the 'Stipulation…

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