Stellar J Corp. v. Smith & Loveless, Inc.

FILED

NOT FOR PUBLICATION JUN 26 2014

MOLLY C. DWYER, CLERK

UNITED STATES COURT OF APPEALS U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

STELLAR J CORPORATION, a Texas No. 12-35780 corporation, D.C. No. 3:09-cv-00353-JE Plaintiff-counter-defendant - Appellee,

MEMORANDUM*

TRAVELERS CASUALTY AND

SURETY COMPANY OF AMERICA,

Counter-defendant - Appellee,

v.

SMITH & LOVELESS, INC., a Kansas corporation,

Defendant-counter-claimant - Appellant,

CITY OF RAINIER, OREGON FOR THE

USE AND BENEFIT OF SMITH &

LOVELESS, INC.,

Counter-claimant - Appellant.

* This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3. Appeal from the United States District Court for the District of Oregon Anna J. Brown, District Judge, Presiding

Argued and Submitted May 16, 2014 Portland, Oregon

Before: ALARCÓN, TASHIMA, and IKUTA, Circuit Judges.

Smith & Loveless, Inc. (“Smith”) appeals from the district court’s order

granting Stellar J Corporation (“Stellar”) and Travelers Casualty and Surety

Company of America’s (“Travelers”) motion for partial summary…