Continental Ins. Co. v. Ultra Systems Engineers and Constructors, Inc.

28 F.3d 105 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. The CONTINENTAL INSURANCE COMPANY, a New Hampshire corporation, Plaintiff-Appellant, v. ULTRA SYSTEMS ENGINEERS AND CONSTRUCTORS, INC., a California corporation; CDI Management, Inc., an Oregon corporation; Waste Fiber Recovery Company, a general partnership; CD Partners, a general partnership; Ultrapower Biomass Fuels, Incorporated, a California corporation; Mesple Investments, Inc., a California corporation; Shupack Investments, Inc., a California corporation; Dynamic Pallet Corporation, a California corporation, Defendants-Appellees. No. 92-17126. United States Court of Appeals, Ninth Circuit. Argued and Submitted June 17, 1994. Decided July 8, 1994. Before: HUG, SCHROEDER, and FERNANDEZ, Circuit Judges. 1 MEMORANDUM * 2 The Continental Insurance Company, which bonded Cheam-Doty Installations, Inc., a subcontractor on a construction project, brought this action for fraud, negligence and indemnity against CDI…