Michael Westerberg West-Van Transport, Inc. Van Van Vleck v. Home Depot Usa, Inc., a Delaware Corporation

76 F.3d 390 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Michael WESTERBERG; West-Van Transport, Inc.; Van Van Vleck, Plaintiffs-Appellants, v. HOME DEPOT USA, INC., a Delaware corporation, Defendant-Appellee. No. 94-16630. United States Court of Appeals, Ninth Circuit. Argued and Submitted Jan. 12, 1996. Decided Feb. 1, 1996. Before: ALDISERT * , SCHROEDER and TROTT, Circuit Judges. 1 MEMORANDUM ** 2 Michael T. Westerberg, West-Van Transport, Inc., and Van Van Vleck appeal the district court's dismissal pursuant to Rule 12(b)(6), Federal Rules of Civil Procedure, of their diversity action against Home Depot, U.S.A., Inc., alleging breach of contract and fraud based on Home Depot's repudiation of a contract that it entered into with West-Van providing that West-Van would be the exclusive intra-state carrier for Home Depot. We affirm the district court's judgment. I. 3 In 1989, the parties entered into a contract that provided Appellants with an exclusive right to haul…