Terminal Transfer, Inc. v. Truck Ins. Exchange

65 F.3d 176 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. TERMINAL TRANSFER, INC., an Oregon corporation, Plaintiff-Appellant, v. TRUCK INSURANCE EXCHANGE, a California corporation, and Mid-Century Insurance Company, a California corporation, Defendants-Appellees. No. 93-35581. United States Court of Appeals, Ninth Circuit. Argued and Submitted Nov. 1, 1994. Memorandum Filed Nov. 28, 1994. Memorandum Withdrawn and Refiled Jan. 26, 1995. Before: FLETCHER, D.W. NELSON, and RYMER, Circuit Judges. ORDER 1 The memorandum disposition, filed on November 28, 1994, is withdrawn. The attached disposition is filed in its stead. 2 Except to the extent that the memorandum is superseded by the attached, the petition for rehearing is DENIED. 3 MEMORANDUM * 4 Terminal Transfer, Inc. appeals the district court's entry of summary judgment for Truck Insurance Exchange and Mid-Century Insurance Company in its action for breach of contract and declaratory judgment arising out of Truck's and…