Schwab Sales Incorporation, (United States of America, for the Use and Benefit Of) v. Bismarck Sand & Gravel, Inc., a Foreign Corporation Royden Construction, an Arizona Corporation the American Insurance Company, a Foreign Corporation, Schwab Sales Incorporation, (United States of America, for the Use and Benefit Of) v. Bismarck Sand & Gravel, Inc., a Foreign Corporation Royden Construction, an Arizona Corporation the American Insurance Company, a Foreign Corporation the American Insurance Company, a Foreign Corporation

21 F.3d 1115 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. SCHWAB SALES INCORPORATION, (United States of America, for the use and benefit of), Plaintiff-Appellant, v. BISMARCK SAND & GRAVEL, INC., a foreign corporation; Royden Construction, an Arizona corporation; the American Insurance Company, a foreign corporation, Defendants-Appellees. SCHWAB SALES INCORPORATION, (United States of America, for the use and benefit of), Plaintiff-Appellant, v. BISMARCK SAND & GRAVEL, INC., a foreign corporation; Royden Construction, an Arizona corporation; the American Insurance Company, a foreign corporation; the American Insurance Company, a foreign corporation, Defendants-Appellees. Nos. 92-16845, 93-15112. United States Court of Appeals, Ninth Circuit. Argued and Submitted Feb. 11, 1994. Decided March 28, 1994. Before: HUG, FARRIS, and O'SCANNLAIN, Circuit Judges. 1 MEMORANDUM * 2 * The appellant recognizes that if Bismarck is a materialman, it is not entitled to recovery.…