Great Western Capital Corporation v. Ingersoll-Rand Financial Corporation Concord Commercial Corporation, as Corporate Successor in Interest of Ingersoll-Rand Financial Corporation, (Two Cases)

19 F.3d 27 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. GREAT WESTERN CAPITAL CORPORATION, Plaintiff-Appellant, v. INGERSOLL-RAND FINANCIAL CORPORATION; Concord Commercial Corporation, as corporate successor in interest of Ingersoll-Rand Financial Corporation, Defendants-Appellees. (Two Cases) Nos. 92-55746, 92-56089. United States Court of Appeals, Ninth Circuit. Argued and Submitted Dec. 9, 1993. Decided Feb. 28, 1994. Before: TANG, D.W. NELSON, and LEAVY, Circuit Judges. 1 MEMORANDUM * 2 The issue before us in this appeal from a summary judgment is whether this action for breach of contract, misrepresentation, and breach of fiduciary duties is time-barred. 3 On May 31, 1985, the appellee, the Ingersoll-Rand Financial Corporation ("Ingersoll-Rand"), entered into a Participation Agreement with the appellant, Great Western Capital Corporation ("Great Western"), in which Ingersoll-Rand sold certain loans to Great Western and agreed to service those loans and to act as…