The following excerpt is from Retail Clerks Union Local 648, AFL-CIO v. Hub Pharmacy, Inc., 707 F.2d 1030 (9th Cir. 1983):
Thus, the district court was clearly wrong in construing California law to the extent that it held that as a matter of law the first action gave insufficient notice of the second because the claims were not the same. Since the district court decision was clearly wrong on state law, and there is no factual dispute, this court can independently consider whether the notice requirement was satisfied. See Power v. Union Pacific Railroad, 655 F.2d 1380, 1383 (9th Cir.1981).
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