MGM GRAND HOTEL, INC. v. IMPERIAL GLASS CO.

No. 75-1274.

533 F.2d 486 (1976)

MGM GRAND HOTEL, INC., a Nevada Corporation, Plaintiff-Appellant, v. IMPERIAL GLASS CO., a co-partnership consisting of Gordon Ross and I. M. Zerman, co-partners, and United Pacific Insurance Company, a Washington Corporation, Defendants-Appellees. Gordon ROSS and I. M. Zerman, co-partners doing business as Imperial Glass Company, a co-partnership, Third-Party Plaintiffs, v. TAYLOR CONSTRUCTION COMPANY, a Nevada Corporation, et al., Third-Party Defendants.

United States Court of Appeals, Ninth Circuit.

Rehearing Denied May 21, 1976.


Attorney(s) appearing for the Case

Frank Rothman (argued), of Wyman, Bautzer, Rothman & Kuchel, Los Angeles, Cal., for petitioner.

Peter M. Appleton (argued), of Tyre & Kamins, Los Angeles, Cal., for respondents.

Before KOELSCH and ELY, Circuit Judges, and JAMESON, District Judge.


OPINION

ELY, Circuit Judge:

This is a diversity action brought by MGM Grand Hotel, Incorporated (MGM), a Nevada corporation, for breach of contract against Imperial Glass Company (Imperial) a co-partnership consisting of persons who are citizens of California, and Imperial's surety, United Pacific Insurance Company (United), a Washington corporation.

MGM appeals from an order granting summary judgment in favor of Imperial and United. MGM Grand...

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