Talking Pictures, Inc. v. Walgreen Company, Dba: Walgreens

21 F.3d 1116 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. TALKING PICTURES, INC., Plaintiff-Appellant, v. WALGREEN COMPANY, dba: Walgreens Defendant-Appellee. No. 92-56238. United States Court of Appeals, Ninth Circuit. Argued and Submitted Jan. 31, 1994. Decided Feb. 10, 1994. Before: D.W. NELSON, REINHARDT, and BRUNETTI, Circuit Judges. 1 MEMORANDUM * 2 We review de novo the district court's grant of summary judgment. Jones v. Union Pacific R.R., 968 F.2d 937, 940 (9th Cir.1992). We must determine whether the pleadings established a genuine issue of fact and whether the district court correctly applied the relevant substantive law. Tzung v. State Farm Fire & Casualty Co., 873 F.2d 1338, 1339-40 (9th Cir.1989). 3 The pleadings in the district court did not create a genuine issue of fact as to whether the contract between the parties was anything other than a consignment sale arrangement. Where the writings of the parties do not in themselves suffice to establish a…