Patricia Hurst Holt v. J.L. Prescott Co.

87 F.3d 1319 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Patricia Hurst HOLT, Plaintiff-Appellant, v. J.L. PRESCOTT CO., Defendant-Appellee. No. 94-56613. United States Court of Appeals, Ninth Circuit. Argued and Submitted May 9, 1996. Decided June 26, 1996. Before: REINHARDT, KOZINSKI, and HAWKINS, Circuit Judges. 1 MEMORANDUM * 2 Plaintiff-appellant Patricia Hurst Holt sued defendant-appellee J.L. Prescott Co. in diversity, claiming that an agreement between her late husband and Prescott entitled her to certain commissions. Following a bench trial, the district court entered judgment for Prescott. Holt now appeals the judgment, raising evidentiary issues and challenging the district court's decision rejecting her theories of contract liability, which are founded on public policy and the law of third party beneficiaries. For the reasons discussed below, we affirm the district court's judgment. ANALYSIS 3 In February 1984, Holt's late husband, J.A. Keilly, entered into…