National Union Fire Insurance Company of Pittsburgh, Pa. v. Chester S. Garber Emilia Ting Garber

967 F.2d 589 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PA., Plaintiff-Appellee, v. Chester S. GARBER; Emilia Ting Garber, Defendants-Appellants. No. 91-15540. United States Court of Appeals, Ninth Circuit. Argued and Submitted May 12, 1992. Decided June 29, 1992. 1 Before REINHARDT and KOZINSKI, Circuit Judges, and EZRA, District Judge. * 2 MEMORANDUM ** 3 The district court's judgment of March 8, 1991, from which the Garbers appealed, was not a collateral order and it did not end the litigation on the merits. See Coopers & Lybrand v. Livesay, 437 U.S. 463, 467 (1978); Cohen v. Beneficial Ind. Loan Corp., 337 U.S. 541, 546 (1949). And while both parties argue that "at the direction of the Court under Federal Rule of Civil Procedure Rule 54(b)" the March 8 judgment was made final, 1 that judgment at best "constitutes a grant of partial summary judgment limited to the issue of [defendant's] liability. Such…