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PEOPLE OF CALIFORNIA v. RANDTRON

Nos. 99-17572, 00-16236.

268 F.3d 891 (2001)

People of the State of California; City of Lodi, Plaintiffs-Appellees, v. Randtron, a dissolved California Corporation, Defendant-Appellant. People of the State of California; City of Lodi, Plaintiffs-Appellees, and American Stores Properties, Inc.; Lucky Stores, Inc.; Holz Rubber Company, Inc., Intervenors-Appellees, v. Randtron, a dissolved California Corporation, Defendant-Appellant, and Oldco Holz, a suspended bankrupt and defunct California Corporation, Defendant.

United States Court of Appeals, Ninth Circuit.

Filed October 2, 2001.

Amended March 19, 2002.

Attorney(s) appearing for the Case

Kimberly S. McGovern and Jonathan K. Tycko, Gibson, Dunn & Crutcher LLP, Washington, D.C., for the defendant-appellant.

Randall A. Hays, City Attorney, Lodi, California, Michael C. Donovan Assistant City Attorney, Envision Law Group, LLP, Lafayette, California, for the plaintiffs-appellees.

Before: SCHROEDER, Chief Judge, D.W. NELSON and RAWLINSON, Circuit Judges.

OPINION

RAWLINSON, Circuit Judge:

Two issues are presented in this appeal: 1) Whether the Anti-Injunction Act barred the district court from issuing a declaratory judgment precluding the California Superior Court from considering Randtron's res judicata defense; and 2) whether the district court erred in ruling that the Consent Decree barred Randtron from asserting a counterclaim for contribution against Lodi in a separate state court lawsuit in which...

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