Frank Foods, Inc., a California Corporation v. Conagra Poultry Company, D/B/A Professional Foodservices, Defendant-Counter-Claimant-Appellant

99 F.3d 1145 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. FRANK FOODS, INC., a California corporation, Plaintiff-Appellee, v. CONAGRA POULTRY COMPANY, d/b/a Professional Foodservices, Defendant-Counter-Claimant-Appellant. No. 95-55249. United States Court of Appeals, Ninth Circuit. Argued and Submitted June 6, 1996. Decided Oct. 21, 1996. Before: BRUNETTI and RYMER, Circuit Judges; TANNER, * District Judge. MEMORANDUM ** ConAgra Poultry Company d/b/a Professional Foodservices ("PFS") appeals the district court's denial of their motion for summary judgment, the denial of their motion for joinder, and the grant of Frank Foods, Inc.'s motion for summary judgment. We have jurisdiction over this timely appeal and we affirm in part, reverse in part, and remand for further proceedings. STANDARDS OF REVIEW A grant of summary judgment is reviewed de novo. Warren v. City of Carlsbad, 58 F.3d 439, 441 (9th Cir.1995); Jesinger v. Nevada Federal Credit Union, 24 F.3d 1127, 1130 (9th…