AQUA-MARINE CONSTRUCTORS, INC. v. BANKS

No. 95-36021.

110 F.3d 663 (1997)

AQUA-MARINE CONSTRUCTORS, INC., an Oregon corporation, Plaintiff-Appellee, v. Mike BANKS, individually and d/b/a Mike Banks Company, Defendant; Polaris Insurance Company, Ltd., a foreign corporation, Defendant-Appellant. POLARIS INSURANCE COMPANY, LTD., a foreign corporation, Counter-Claimant-Cross-Claimant-Third-Party Plaintiff, v. AQUA-MARINE CONSTRUCTORS, INC., an Oregon corporation, Counter-Defendant, and Mike Banks, individually and d/b/a Mike Banks Company, Cross-Defendants, and Latham Smith, individually and d/b/a Smith Maritime; The Tugboat Elizabeth II; Pearcy Marine, Inc., a Colorado corporation; Jim Pearcy, an individual; The Tugboat Garnet Banks; The Tugboat John Banks; and Barge 242, Third-Party Cross-Defendants.

United States Court of Appeals, Ninth Circuit.

Decided March 28, 1997.


Attorney(s) appearing for the Case

Mary Ellen Page Farr, Kell, Alterman and Runstein, Portland, OR, for defendant-appellant Polaris Insurance Company, Ltd.

Joseph L. Gimbrone, Gilson & Heaton, San Diego, CA, for defendant-appellant Polaris Insurance Company, Ltd.

Karen O'Kasey, C. Kent Roberts, Schwabe, Williamson & Wyatt, Portland, OR, for plaintiff-appellee Aqua-Marine Constructors, Inc.

Before PREGERSON and THOMAS, Circuit Judges, and REED, Jr., District Judge.


EDWARD C. REED, Jr., District Judge:

Introduction

Polaris Insurance Company appeals the order of the district court granting summary judgment in favor of Aqua-Marine Constructors, in Aqua-Marine's action against Polaris on a surety bond executed by Michael Banks and Polaris in favor of Aqua-Marine.

I. Facts

Aqua-Marine Constructors, an Oregon corporation, owns an oceangoing barge, the "Aqua 242." In May 1992 Aqua-Marine entered into a bareboat...

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