Burns Intern., Inc. v. Western Sav. and Loan Ass'n

978 F.2d 533 61 USLW 2330 BURNS INTERNATIONAL, INC.; W.I.O. Inc.; Robert Burns and Paige Burns, Plaintiffs-Appellants, v. WESTERN SAVINGS AND LOAN ASSOCIATION, a federal savings and loan association; Western Savings and Loan Association, an Arizona corporation; Gary Driggs, and Kay Driggs, Defendants-Appellees. No. 90-15180. United States Court of Appeals, Ninth Circuit. Argued and Submitted Sept. 16, 1992. Decided Oct. 30, 1992. Michael J. LaVelle, Allen, Kimerer & LaVelle, Phoenix, Ariz., for plaintiffs-appellants. Andrew L. Pringle, Mariscal, Weeks, McIntyre & Friedlander, and Michael D. Hawkins, Daughton, Hawkins, Brockelman and Guinan, Phoenix, Ariz., for defendants-appellees. Appeal from the United States District Court for the District of Arizona. Before: CHOY, ALARCON, and HALL, Circuit Judges. ALARCON, Circuit Judge: 1 Burns International, Inc., W.I.O., Inc., Robert Burns, and Paige Burns (collectively "the Burnses") appeal from the dismissal of their complaint against Gary Driggs and Kay Driggs ("the Driggses") for lack of subject matter jurisdiction. 2 We must determine whether an action for fraud and negligent misrepresentation may be brought against an officer…