Integrated Resources Equity Corporation, a Delaware Corporation v. Founders Bank of Arizona, a State Banking Association

74 F.3d 1246 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. INTEGRATED RESOURCES EQUITY CORPORATION, a Delaware corporation, Plaintiff-Appellant, v. FOUNDERS BANK OF ARIZONA, a state banking association, Defendant-Appellee. No. 94-15383. United States Court of Appeals, Ninth Circuit. Argued and Submitted Aug. 15, 1995. Decided Jan. 17, 1996. Before: FLETCHER, POOLE, and O'SCANNLAIN, Circuit Judges. 1 MEMORANDUM * 2 Integrated Resources Equity Corporation ("IREC") appeals the district court's order granting Founder's motion for judgment on the pleadings in this diversity case. Relying on Berthot v. Security Pacific Bank of Arizona, 170 Ariz. 318 , 823 P.2d 1326 (Ariz.App.1991), the court held that IREC's action necessarily alleged a claim for conversion and therefore could proceed only under A.R.S. Sec. 47-3419, rather than under a common law negligence theory. The court also concluded that Arizona courts would not apply the discovery rule to conversion claims under…