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BUDDY SYSTEMS, INC. v. EXER-GENIE, INC.

No. 74-1639.

545 F.2d 1164 (1976)

BUDDY SYSTEMS, INC., a California Corporation, Plaintiff-Appellee, v. EXER-GENIE, INC., a corporation, and E. E. Holkesvick, Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

Rehearing and Rehearing Denied November 4, 1976.

Attorney(s) appearing for the Case

Charles E. Wills (argued), of Wills, Green & Mueth, Los Angeles, Cal., for defendants-appellants.

V. J. McAlpin (argued), of McAlpin, Doonan & Seese, Covina, Cal., for plaintiff-appellee.

Before ELY and WALLACE, Circuit Judges, and RENFREW, District Judge.

Rehearing and Rehearing En Banc Denied November 4, 1976.

WALLACE, Circuit Judge:

Exer-Genie, Inc., and Holkesvick (Exer-Genie) appeal from a judgment awarding damages to Buddy Systems, Inc., for the wrongful issuance of a preliminary injunction obtained by Exer-Genie in a prior action. The issue we must decide is whether a district court may entertain jurisdiction pursuant to 28 U.S.C. § 1352

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