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United States Ninth Circuit


AmerisourceBergen Corp. v. Dialysist West, Inc., 04-15595

Grant of a motion for judgment on the pleadings on defendant's cross-complaint, and denial of plaintiff's motion for leave to amend its complaint in a dispute over alleged breached of a drug sales agreement is affirmed where the district court did not err in holding that plaintiff had no legal right to set-off certain claims against other contractual claims, or in other procedural rulings.

Appellate Information

  • Argued 11/18/2005
  • Decided 03/22/2006
  • Published 03/22/2006

Judges

  • Before JEROME FARRIS, A. WALLACE TASHIMA, and CONSUELO M. CALLAHAN, Circuit Judges.

Court

  • United States Ninth Circuit

Counsel

  • For Appellant:
  • Morton R. Branzburg and Andrew O. Schiff, Klehr, Harrison, Harvey, Branzburg, & Ellers LLP, Philadelphia, PA, for the plaintiffs-appellants.

  • For Appellees:
  • Dan L. Bagatell and Joel W. Nomkin, Perkins Coie Brown & Bain P.A., Phoenix, AZ, for the defendant-appellee.
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