Carrier Corporation v. John G. Stapley

19 F.3d 1439 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. CARRIER CORPORATION, Plaintiff-Appellee, v. John G. STAPLEY, et al., Defendants-Appellants. No. 92-16334. United States Court of Appeals, Ninth Circuit. Argued and Submitted Jan. 13, 1994. Decided March 17, 1994. Before: SCHROEDER and NOONAN, Circuit Judges; JONES, District Judge * MEMORANDUM ** Alfred and Doris Stapley, husband and wife, and their son and daughter-in-law, John and Linda Stapley (collectively the Stapleys) appeal the district court's grant of summary judgment in favor of Carrier Corporation (Carrier) in its action against the Stapleys as personal guarantors of an alleged debt to Carrier. Because we agree with the Stapleys that Carrier did not establish that there were no issues of material fact for trial, we reverse and remand. On April 1, 1988, Carrier and Stapley Wholesale, Inc. (SWI) entered into an agreement that gave SWI permission to distribute Carrier's "Payne" products in Arizona. On May…