Evanston Insurance Company v. Federal National Mortgage Association

972 F.2d 1338 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. EVANSTON INSURANCE COMPANY, Plaintiff-Appellant, v. FEDERAL NATIONAL MORTGAGE ASSOCIATION, et al., Defendant-Appellee. No. 91-55653. United States Court of Appeals, Ninth Circuit. Argued and Submitted June 5, 1992. Decided July 17, 1992. 1 Before D.W. NELSON and DAVID R. THOMPSON, Circuit Judges, and PRO, District Judge. * 2 MEMORANDUM ** OVERVIEW 3 Evanston Insurance Company appeals the district court's order dismissing its indemnity claims and its subrogation claims for negligence, negligent misrepresentation, restitution, and breach of contract, against the Federal National Mortgage Association MA . We have jurisdiction under 28 U.S.C. § 1291 and we affirm. DISCUSSION 4 We review de novo a district court's order granting a motion to dismiss for failure to state a claim under Fed.R.Civ.Pro. 12(b)(6). Rothman v. Vedder Park Management, 912 F.2d 315, 316 (9th Cir.1990). All allegations of material fact are…