Court of Appeals for the Ninth Circuit August 30, 2001, No. 00-16582 (Smith v. Lenches)

RONALD M. GOULD, Circuit Judge:

This is a rare case. In the district court, defendants gained a dismissal with prejudice of all claims against them, which were based on federal law. Yet they complain that they were entitled to more: the right to proceed with their counterclaim seeking a declaration that their alleged conduct did not violate state law — an issue that was pending in state court.