Huntington Bank, Inc. v. Gilchrist Timber Co.

70 F.3d 1278 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. HUNTINGTON BANK, INC., a Kentucky banking corporation and trustee of the Mariette G. Howell Trust, Plaintiff-Appellant, v. GILCHRIST TIMBER COMPANY, a Delaware corporation, Defendant, and Miller, Nash, Wiener, Hager & Carlsen, a partnership, Defendant-Appellee. No. 94-35575. United States Court of Appeals, Ninth Circuit. Argued and Submitted Nov. 16, 1995. Decided Nov. 30, 1995. Before: BROWNING, RYMER, and T.G. NELSON, Circuit Judges. 1 MEMORANDUM * 2 Huntington Bank, as trustee for the Mariette G. Howell Trust, appeals the district court's summary judgment in favor of Miller, Nash, Wiener, Hager & Carlsen ("MIller Nash") in its action for fraud, negligent misrepresentation, and breach of fiduciary duty. It also appeals the denial of additional discovery after the discovery cut-off date and the motion for summary judgment had been submitted. We have jurisdiction, 28 U.S.C. Sec. 1291 , and we affirm. 3 *…