Quark Ltd. Partnership v. Massey Sand & Rock Co.

91 F.3d 154 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. QUARK LIMITED PARTNERSHIP, Plaintiff-Appellant, v. MASSEY SAND & ROCK COMPANY PROFIT SHARING TRUST; Massey Sand & Rock Company Profit Sharing Plan; James Vernard, as Co-Trustee and Co-Administrator of the Massey Sand & Rock Company; Don Briscoe, as Co-Trustee and Co-Administrator of the Massey Sand & Rock Company, Defendants-Appellees. No. 95-55372. United States Court of Appeals, Ninth Circuit. Argued and Submitted June 3, 1996. Decided July 5, 1996. Before: FLETCHER, BEEZER AND KLEINFELD, Circuit Judges. 1 MEMORANDUM * 2 Quark appeals the district court's grant of summary judgment in favor of defendants (collectively "Massey") on its claim that Massey violated California usury law. Because Massey Trust was the lender on the loan and is exempt from California usury law, we affirm. 3 * We review a grant of summary judgment de novo. Webster v. Omnitrition Int'l, Inc., 79 F.3d 776 , 781 (9th…