Fireman's Fund Insurance Company, a California Corporation v. Peco, Inc., Dba Peco Manufacturing Co., Inc.

62 F.3d 1424 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. FIREMAN'S FUND INSURANCE COMPANY, a California Corporation, Plaintiff-Appellant, v. PECO, INC., dba PECO Manufacturing Co., Inc., Defendant-Appellee. No. 94-35000. United States Court of Appeals, Ninth Circuit. Argued and Submitted July 13, 1995. Decided Aug. 4, 1995. 1 Before: HUG and FERGUSON, Circuit Judges, and SCHWARZER, * District Judge. 2 MEMORANDUM ** 3 Fireman's Fund Insurance Company ("FFIC") appeals the district court's grant of summary judgment in favor of defendant, PECO, Inc. ("PECO"), in this diversity products liability case arising under Oregon law. We affirm because FFIC failed to establish a triable issue of fact as to PECO's duty to warn of the potential fire hazards associated with storing berry flats in bulk. I. 4 We review a district court's grant of summary judgment de novo. T.W. Elec. Serv., Inc. v. Pacific Elec. Contractors Ass'n, 809 F.2d 626 , 629 (9th Cir. 1987). "[T]he plain language…