Washington Public Power Supply System v. Pittsburgh-Des Moines Corp., a Pennsylvania Corporation American Insurance Company, a New Jersey Corporation

72 F.3d 136 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. WASHINGTON PUBLIC POWER SUPPLY SYSTEM, Plaintiff-Appellant, v. PITTSBURGH-DES MOINES CORP., a Pennsylvania corporation; American Insurance Company, a New Jersey corporation, Defendants-Appellees. No. 94-35841. United States Court of Appeals, Ninth Circuit. Argued and Submitted Nov. 13, 1995. Decided Dec. 7, 1995. Before: WRIGHT, FERNANDEZ and KLEINFELD, Circuit Judges. 1 MEMORANDUM * 2 Washington Public Power Supply System (WPPSS) appeals the district court's judgment dismissing with prejudice its complaint which alleged a breach of contract and a breach of warranty against Pittsburgh-Des Moines Corporation (PDM). 1 The dismissal of the complaint followed a jury verdict in favor of PDM on issues related to WPPSS's claim of breach of contract against PDM. A previous jury had decided the breach of warranty issue in favor of PDM. We affirm. DISCUSSION 1. Prior Verdict 3 In Washington Pub. Power Supply Sys. v.…