Bill Manning v. Sears, Roebuck and Co., a New York Corporation

92 F.3d 1193 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Bill MANNING, Plaintiff-Appellant, v. SEARS, ROEBUCK AND CO., a New York corporation, Defendant-Appellee. No. 95-35181. United States Court of Appeals, Ninth Circuit. Argued and Submitted July 10, 1996. Decided July 26, 1996. 1 Before: GOODWIN and BRUNETTI, Circuit Judges, and KING, * District Judge. 2 MEMORANDUM ** 3 Plaintiff/appellant, Bill Manning ("Manning" or "Appellant") appeals from the District Court's entry of judgment, pursuant to Rule 68 of the Federal Rules of Civil Procedure, in favor of defendant/appellee, Sears, Roebuck and Co. ("Sears"). We have considered whether this court has jurisdiction to consider this appeal and find that we do not. 4 Manning brought three causes of action against Sears for breach of contract. Sears filed a motion for summary judgment as to the second and third causes of action. The district court considered the motion and granted Sears' motion for summary judgment as to…