WASYL, INC. v. FIRST BOSTON CORP.

Nos. 86-5610, 86-5682.

813 F.2d 1579 (1987)

WASYL, INC., et al., Plaintiffs-Appellants/Cross-Appellees, v. FIRST BOSTON CORP., Defendant-Appellee/Cross-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided April 9, 1987.


Attorney(s) appearing for the Case

Bela G. Lugosi, C. Stephen Davis, David C. Karp, Los Angeles, Cal., for plaintiffs-appellants/cross-appellees.

Michael H. Diamond, Carol B. Sherman, Paul M. Krekorian, Robert Zipser, Los Angeles, Cal., for defendant-appellee/cross-appellant.

Before ANDERSON, NELSON and CANBY, Circuit Judges.


J. BLAINE ANDERSON, Circuit Judge:

Wasyl, Inc. and Edward Smolarski brought suit against First Boston alleging breach of contract, gross negligence and willful misconduct in First Boston's preparation of an appraisal report. The district court granted First Boston's motion for summary judgment, holding that First Boston was entitled to arbitral immunity and that First Boston had contractually exculpated itself from liability through a covenant not to sue. The district...

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