Covia Partnership v. Donald Testa, Dba: Trips Ahoy Travel

48 F.3d 1227 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. COVIA PARTNERSHIP, Plaintiff-Appellee, v. Donald TESTA, dba: Trips Ahoy Travel, Defendant-Appellant. No. 94-55913. United States Court of Appeals, Ninth Circuit. Submitted Feb. 15, 1995. * Decided Feb. 22, 1995. Before: SCHROEDER, CANBY and LEAVY, Circuit Judges. 1 MEMORANDUM ** 2 Donald Testa appeals the district court's summary judgment in favor of Covia Partnership ("Covia") in Covia's diversity action for breach of a Subscription Services Agreement ("Agreement"). Under the Agreement, Covia allowed Testa's travel agency, Trips Ahoy, to use Covia's computer airline reservation system. We have jurisdiction pursuant to 28 U.S.C. Sec. 1291 , and we affirm. 3 We review de novo the district court's summary judgment. McGuckin v. Smith, 974 F.2d 1050, 1059 (9th Cir.1992). A grant of summary judgment should be affirmed only if the evidence, read in the light most favorable to the nonmoving party, demonstrates that…