Tolo, Inc. v. Wexco, Inc.

993 F.2d 884 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. TOLO, INC., Plaintiff-Appellant, v. WEXCO, INC., Defendant-Appellee. No. 92-55016. United States Court of Appeals, Ninth Circuit. Argued and Submitted April 5, 1993. Decided May 19, 1993. Before: HALL, WIGGINS, and TROTT, Circuit Judges. 1 MEMORANDUM * 2 Appellant Tolo, Inc. ("Tolo") appeals the district court's grant of summary judgment to Wexco, Inc. ("Wexco"). Tolo contends that when it sold certain assets of its Baker-Hydro division to Wexco, Wexco agreed to be liable for all product liability claims which arose after the sale of Tolo assets to Wexco. Wexco contends, however, that it is not liable because: 1) Wexco purchased only the assets of Baker-Hydro and Tolo remains a viable corporation able to satisfy claims; 2) under the express terms of the agreement, Wexco did not assume, and indeed disclaimed, any liability other than certain specified liabilities it expressly assumed, none of which pertain to…