Olympic Pipeline v. City of Seattle

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

OLYMPIC PIPE LINE COMPANY, a  Delaware corporation, No. 04-35307 Plaintiff-Appellee, v.  D.C. No.

CV-03-02343-RSL

CITY OF SEATTLE, a Washington

OPINION

municipal corporation, Defendant-Appellant.  Appeal from the United States District Court for the Western District of Washington Robert S. Lasnik, District Judge, Presiding

Argued and Submitted June 14, 2005—Seattle, Washington

Filed February 8, 2006

Before: Harry Pregerson, Susan P. Graber, and Ronald M. Gould, Circuit Judges.

Opinion by Judge Gould

1487 1490 OLYMPIC PIPE LINE v. CITY OF SEATTLE

COUNSEL

William H. Patton, City of Seattle, Seattle, Washington, for the defendant-appellant.

G. Val Tollefson and Katherine Kennedy, Danielson Harrigan Leyh & Tollefson LLP, Seattle, Washington, for the plaintiff- appellee.

Kevin Hawley, Lima, Ohio, for the amicus.

OPINION

GOULD, Circuit Judge:

We must decide whether the City of Seattle (“Seattle” or “the City”) can enforce specific provisions of two contracts it has with the Olympic Pipe Line Company (“Olympic”) to provide safety oversight of a…