Swanson Bros. Lumber Co., Inc. v. Van Waters & Rogers Inc. Koppers Company, Inc.

972 F.2d 1343 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. SWANSON BROS. LUMBER CO., INC., Plaintiff-Appellant, v. VAN WATERS & ROGERS INC.; Koppers Company, Inc., Defendants-Appellees. No. 91-35190. United States Court of Appeals, Ninth Circuit. Submitted July 8, 1992. * Decided July 17, 1992. Before GOODWIN, TANG and DAVID R. THOMPSON, Circuit Judges. 1 MEMORANDUM ** OVERVIEW 2 Swanson Brothers Lumber Company ("Swanson") brought this diversity action for breach of contract, breach of warranties and negligent misrepresentation against Koppers Company ("Koppers") and Van Waters and Rogers, Inc., ("VWR"). Swanson seeks to recover damages arising out of the discoloration of its lumber allegedly caused by using NP-1, a chemical wood preservative and sap stain control product manufactured by Koppers and distributed by VWR. After a bench trial, Magistrate Judge Hogan, who tried the case with the consent of all parties, dismissed the action. We affirm. FACTS 3 VWR's sales…