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FUKU-BONSAI, INC. v. E.I. DU PONT DE NEMOURS & CO.

No. 98-15429.

187 F.3d 1031 (1999)

FUKU-BONSAI, INC., a Hawaii corporation, and David W. Fukumoto, Plaintiffs-Appellants, v. E.I. DU PONT DE NEMOURS AND COMPANY, a Delaware Corporation, Platt Chemical Corporation, a foreign corporation, and Brewer Environmental Industry, Inc., a Hawaii corporation; John Does 1-10, Jane Does 1-10, Doe Partnerships 1-10, Doe Corporations 1-10; Doe "Non-Profit" Corporations 1-10; Roe Governmental Entities 1-10, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed August 11, 1999.

Attorney(s) appearing for the Case

Stephen T. Cox, Molligan, Cox & Moyer, San Francisco, California, for the plaintiffs-appellants.

A. Stephens Clay, IV, Kilpatrick and Cody, Atlanta, Georgia, for the defendants-appellees.

Before: SCHROEDER, FLETCHER and BOOCHEVER, Circuit Judges.

Opinion by Judge FLETCHER; Dissent by Judge BOOCHEVER.

FLETCHER, Circuit Judge:

Plaintiffs Fuku-Bonsai, Inc. and its president, David Fukumoto, (collectively, "Fuku-Bonsai") appeal from the district court's order dismissing its complaint because it was barred by release language in a settlement agreement between the parties. We have jurisdiction pursuant to 28 U.S.C. § 1291,1 and we reverse.

I. BACKGROUND

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