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GOLD CIRCLE, ETC. v. RIVIERA FINANCE-EAST BAY

No. C-80-0373 AJZ.

540 F.Supp. 15 (1982)

GOLD CIRCLE STORES, A DIVISION OF FEDERATED DEPARTMENT STORES, INC., Plaintiff, v. RIVIERA FINANCE-EAST BAY, INC., Defendant and Third-Party Plaintiff, v. KESHUN'S FREIGHT SERVICE, a California partnership, Third-Party Defendant.

United States District Court, N. D. California.

March 2, 1982.

Attorney(s) appearing for the Case

Murphy, Weir & Butler, William J. A. Weir, Robert A. Julian, San Francisco, Cal., for defendant and third-party plaintiff Riviera Finance-East Bay.

Dinkelspiel & Dinkelspiel, Linda E. Stanley, Jay P. Wertheim, San Francisco, Cal., for plaintiff.

MEMORANDUM OPINION AND ORDER

ZIRPOLI, District Judge.

This is a diversity action for money had and received, for imposition of a constructive trust, and for declaratory relief. Because the amount in controversy, exclusive of interest and costs, exceeds $10,000, this court has jurisdiction over the controversy pursuant to the provisions of 28 U.S.C. section 1332.

Gold Circle Stores ("Gold Circle") and Riviera Finance-East Bay, Inc. ("Riviera") were...

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