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PREMIER WINE & SPIRITS v. E. & J. GALLO WINERY

No. 86-15043.

846 F.2d 537 (1988)

PREMIER WINE & SPIRITS, a South Dakota corporation, Plaintiff-Appellant, v. E. & J. GALLO WINERY, a California corporation, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided May 9, 1988.

As Modified June 3, 1988.

Attorney(s) appearing for the Case

Thomas J. Welk and Michael S. McKnight, Boyce, Murphy, McDowell & Greenfield, Sioux Falls, S.D., for plaintiff-appellant.

G. Kip Edwards (argued) and Matthew D. Powers of Orrick, Herrington & Sutcliffe, San Francisco, Cal., for defendant-appellee.

Before FLETCHER, WIGGINS and NOONAN, Circuit Judges.

NOONAN, Circuit Judge:

Premier Wine & Spirits (Premier), a South Dakota corporation, brought suit against E. & J. Gallo Winery (Gallo), a California corporation. Jurisdiction depended on diversity of citizenship. The suit was originally brought in South Dakota and transferred to the Eastern District of California pursuant to a provision in the contract between Premier and Gallo. Premier claimed breach of the implied covenant of good faith and fair dealing...

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