High Country Paving, Inc. v. United Fire & Casualty Company

NOT FOR PUBLICATION FILED

UNITED STATES COURT OF APPEALS MAY 4 2022

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

HIGH COUNTRY PAVING, INC., Nos. 20-35791 20-35826 Plaintiff-Appellee/ Cross-Appellant, D.C. No. 9:18-cv-00163-DWM

v.

MEMORANDUM*

UNITED FIRE & CASUALTY

COMPANY,

Defendant-Appellant/ Cross-Appellee.

Appeal from the United States District Court for the District of Montana Donald W. Molloy, District Judge, Presiding

Argued and Submitted September 2, 2021 Submission Vacated September 24, 2021 Resubmitted May 2, 2022 Seattle, Washington

Before: McKEOWN and GOULD, Circuit Judges, and RAKOFF,** District Judge.

* This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. ** The Honorable Jed S. Rakoff, United States District Judge for the Southern District of New York, sitting by designation. High Country Paving, Inc. (“High Country”) and United Fire & Casualty

Company (“United Fire”) cross-appeal from a district court judgment in favor of

High Country on its breach of contract claim in this…