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WESTERN FILTER CORP. v. ARGAN, INC.

No. 07-55535.

540 F.3d 947 (2008)

WESTERN FILTER CORPORATION, Plaintiff-counter-defendant-Appellant, v. ARGAN, INC., a Delaware Corporation; Rainer Bosselmann, an individual; Arthur F. Trudel, an individual; Hayward Miller III, an individual, Defendants-counter-claimants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed August 25, 2008.

Attorney(s) appearing for the Case

Gregory A. Long, Sheppard Mullin Richter & Hampton, LLP, Los Angeles, CA, for the appellant.

Joseph L. Clasen, Robinson & Cole, LLP, Stamford, Connecticut, and Thomas J. Dolan, Robinson & Cole, LLP, New York, NY, for the appellee.

Before: DIARMUID F. O'SCANNLAIN and RICHARD C. TALLMAN, Circuit Judges, and JAMES K. SINGLETON, Senior District Judge.

TALLMAN, Circuit Judge:

Western Filter Corporation ("Western Filter") appeals the district court's grant of summary judgment in favor of Argan, Inc. ("Argan"). The district court had jurisdiction under 28 U.S.C. § 1332, and we have jurisdiction under 28 U.S.C. § 1291. We are asked to decide an issue of first impression under California law, whether a provision within a Stock Purchase Agreement ("SPA") permitting the representations and warranties of the...

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