Associated Diesel Service & Equipment Company, Plaintiff-Counter-Defendant-Appellant v. Terex Corporation, Defendant-Counter-Claimant-Appellee. Associated Diesel Service & Equipment Company, Plaintiff-Counter-Defendant-Appellee v. Terex Corporation, Defendant-Counter-Claimant-Appellant

46 F.3d 1138 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. ASSOCIATED DIESEL SERVICE & EQUIPMENT COMPANY, Plaintiff-Counter-Defendant-Appellant, v. TEREX CORPORATION, Defendant-Counter-Claimant-Appellee. ASSOCIATED DIESEL SERVICE & EQUIPMENT COMPANY, Plaintiff-Counter-Defendant-Appellee, v. TEREX CORPORATION, Defendant-Counter-Claimant-Appellant. Nos. 93-55410, 93-55469. United States Court of Appeals, Ninth Circuit. Argued and Submitted Aug. 1, 1994. Decided Jan. 20, 1995. Before: BROWNING, FARRIS, and LEAVY, Circuit Judges. 1 MEMORANDUM * 2 This appeal and cross-appeal arise from Terex Corporation's ("Terex") termination of its Dealer Sales and Service Agreement with Associated Diesel Service & Equipment Company ("Associated"). After the termination, Associated filed this action against Terex for fraud and breach of contract. Terex counterclaimed, alleging that Associated never paid $159,380 for parts ordered and received. At the close of the evidence in a…