Patsy Fitzgerald William J. Fitzgerald v. State Farm Fire and Casualty Company

977 F.2d 588 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Patsy FITZGERALD; William J. Fitzgerald, Plaintiffs-Appellants, v. STATE FARM FIRE AND CASUALTY COMPANY, Defendant-Appellee. No. 91-35801. United States Court of Appeals, Ninth Circuit. Submitted Oct. 8, 1992. * Decided Oct. 14, 1992. 1 Before FERGUSON, O'SCANNLAIN and RYMER, Circuit Judges 2 MEMORANDUM ** 3 Patsy and William Fitzgerald appeal the summary judgment entered in favor of State Farm Fire and Casualty Company on the Fitzgerald's diversity action for declaratory relief seeking a declaration that State Farm is obliged to indemnify and defend them in an underlying case under their policy of liability insurance. The Fitzgeralds owned and operated a ranch; they orally entered into some kind of arrangement with Manuel Castillo which he claims was as manager, and the Fitzgeralds contend was as lessee, that permitted him to run cattle on the ranch. In any event in December of 1984, the Fitzgeralds terminated…