United States v. Rich Company

441 F.2d 1143 UNITED STATES of America For the Use of ACME GRANITE & TILE COMPANY, a Division of Piper & Greenhalgh, Incorporated, a Washington corporation, Appellant and Cross-Appellee, v. F. D. RICH COMPANY, Incorporated, a corporation, doing business in the Stateof Washington; B & G Constructors, Incorporated, Appellees and Cross-Appellants, American Surety Company, Appellee, Fireman's Fund Insurance Company,Appellant andCross-Appellee, and United States Fidelity & Guaranty Company, Appellee andCross-Appellant. Nos. 23744, 23745, 23752 and 23753. United States Court of Appeals, Ninth Circuit. April 8, 1971. Before HAMLEY and WRIGHT, Circuit Judges, and GOODWIN, District judge. 1 Opinion on Petition for Rehearing PER CURIAM: 1 In a petition for rehearing, F. D. Rich Company, Incorporated, urges that this court has erred in the application of state law. 2 As noted in our original opinion, 437 F.2d 549 (9th Cir. 1970), Washington law provided when the case was tried in the District Court that the dissolution of a corporation abated any action in which the dissolved corporation was a plaintiff. Washington law with reference to the rights of creditors and…