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ROYAL INS. CO. OF AMERICA v. SOUTHWEST MARINE

Nos. 97-55692, 97-56236 and 98-55407.

194 F.3d 1009 (1999)

ROYAL INSURANCE COMPANY OF AMERICA, a business entity, Plaintiff-Appellant, v. SOUTHWEST MARINE, a business entity, dba South Bay Boat Yard; Does 1 through 5, Defendants-Appellees. Royal Insurance Company of America, a business entity, Plaintiff-Appellant, v. Southwest Marine, a business entity, dba South Bay Boat Yard; Does 1 through 5, Defendants-Appellees, v. American Rigging Company, Inc., a corporation; MacWhyte Company, a Division of Amsted Industries, Inc.; Accredited Certified Associates, Third-party-Defendants-Appellees. Royal Insurance Company of America, a business entity, Plaintiff-Appellant, v. David M. Garthwaite, aka David Garthwaite, Jr.; David Garthwaite, Sr., aka David Garthwaite, Counter-Claimants-Appellees, v. Southwest Marine, a business entity, dba South Bay Boat Yard; Does 1 through 5, Defendants-Appellees, v. American Rigging Company, Inc., a corporation; MacWhyte Company, a Division of Amsted Industries, Inc.; Accredited Certified Associates, Third-party-Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed October 14, 1999.

Attorney(s) appearing for the Case

Geoffrey W. Gill, Kirlin, Campbell & Keating, Long Beach, California, for the plaintiff-appellant.

Daniel B. MacLeod, San Diego, California, for the defendant-appellee.

John R. Clifford and Lisa M. Cross, Drath, Clifford, Murphy, Wennerholm & Hagen, San Diego, California, for Accredited Certified Associates.

John F. Watkins, Watkins, Watkins & Atherton, Glendora, California, for the amicus.

Before: HUG, Chief Judge, BROWNING and FERGUSON, Circuit Judges.

BROWNING, Circuit Judge:

I.

In 1993, David Garthwaite, owner of the yacht SUNAIR, entered into two agreements with Southwest Marine relating to the renovation of SUNAIR: (1) a "Do It Yourself Agreement" providing that Garthwaite would rent space at Southwest Marine's boat yard as the site of the renovation to be completed by an outside contractor; and (2) a "Vessel Repair Order" fixing hourly rates for various services to be provided by Southwest, including...

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