New Hampshire Insurance Company v. Blaze Construction, Inc.

28 F.3d 107 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. NEW HAMPSHIRE INSURANCE COMPANY, Plaintiff-Appellee, v. BLAZE CONSTRUCTION, INC., Defendant-Appellant. No. 93-35096. United States Court of Appeals, Ninth Circuit. Argued and Submitted June 8, 1994. Decided June 20, 1994. Before: WRIGHT, WIGGINS and THOMPSON, Circuit Judges. 1 MEMORANDUM * 2 New Hampshire Insurance billed Blaze Construction $551,562 for unpaid premiums due on a workers compensation policy. Blaze asserted that New Hampshire improperly calculated the premium and counterclaimed. District Judge McDonald granted summary judgment to New Hampshire and dismissed the counterclaim sua sponte. Blaze appeals. We have jurisdiction under 28 U.S.C. Sec. 1291 . We affirm in part, reverse in part, and remand in part. INCLUSION OF SUBCONTRACTORS' EMPLOYEES 3 Judge McDonald did not err in his de novo review of Magistrate Judge Hovis' report. Spaulding v. University of Washington, 676 F.2d 1232, 1235 (9th Cir.1982)…