Legal Opinion

All American Distributing Co., Inc. v. Miller Brewing Company

Court of Appeals for the Ninth Circuit

Decided June 29, 1984No. 83-2614PublishedCited by 15 opinions

1Opinion of the Court

SCHROEDER, Circuit Judge.

The appeal in this diversity action involves an unsettled question of Arizona law: the meaning of “prevailing party” as it is used in the Arizona Spirituous Liquor Franchises Act, Ariz.Rev.Stat.Ann. §§ 44-1565-1567 (1967 & Supp.1983). The issue is whether successful defense of a preliminary injunction motion coupled with the voluntary dismissal of all other claims entitles Miller Brewing Co. (Miller) to attorney fees as a prevailing party, even though there has been no adjudication of the merits of the action for damages. Drawing upon other Arizona attorney fee…

2Cases cited9 opinions

  1. Maher v. GagneSupreme Court of the United States · 1980
  2. Hanrahan v. HamptonSupreme Court of the United States · 1980
  3. Tejpal S. SETHY, Plaintiff-Appellant, v. ALAMEDA COUNTY WATER DISTRICT Et Al., Defendants-AppelleesCourt of Appeals for the Ninth Circuit · 1979
  4. Trollope v. KoernerCourt of Appeals of Arizona · 1973
  5. Keith v. VolpeDistrict Court, C.D. California · 1980

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3Cited by15 opinions

  1. Corine Proctor v. Consolidated Freightways Corporation of Delaware, a Delaware CorporationCourt of Appeals for the Ninth Circuit · 1986
  2. Zenith Insurance Company v. BreslawCourt of Appeals for the Ninth Circuit · 1997
  3. Kona Enterprises, Inc. v. Estate Of Bernice Pauahi BishopCourt of Appeals for the Ninth Circuit · 2000
  4. Kona Enterprises, Inc. v. Estate of Bishop ex rel. PetersCourt of Appeals for the Ninth Circuit · 2000
  5. Anderson v. MelwaniCourt of Appeals for the Ninth Circuit · 1999

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