TRI-STATE DEVELOPMENT, LTD. v. JOHNSTON

No. 97-35420.

160 F.3d 528 (1998)

TRI-STATE DEVELOPMENT, LTD., a Washington corporation, Plaintiff-Appellant, v. David A. JOHNSTON; Gayle Johnston; John H. Shields, Pierce County Sheriff, Defendants-Appellees. Attorney General of the State of Washington, Defendant-Intervenor Appellee.

United States Court of Appeals, Ninth Circuit.

Decided October 30, 1998.


Attorney(s) appearing for the Case

Jeffrey P. Helsdon, McFerran & Helsdon, P.S., Tacoma, Washington, for plaintiff-appellant.

Jill Guernsey, Deputy Prosecuting Attorney, Pierce County, Tacoma, Washington, for defendant-appellee John H. Shields, Pierce County Sheriff.

Christine O. Gregoire, Attorney General of Washington, James K. Pharris, Senior Assistant Attorney General, Olympia, Washington, for defendant-intervenor-appellee Attorney General of the State of Washington.

No appearance for defendants-appellees David A. Johnston and Gayle Johnston.

Before: CANBY, JR. and TASHIMA, Circuit Judges, and EZRA, District Judge.


TASHIMA, Circuit Judge:

Tri-State Development, Ltd. (Tri-State) appeals from the district court's order granting summary judgment to David and Gayle Johnston, and John Shields. We reverse.

I. BACKGROUND

Following a series of contractual disputes regarding the construction of their home, the Johnstons filed suit in Washington state court against Tri-State alleging breach of contract and breach of the implied warranty of habitability. Relying on RCW...

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