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COM. UTILITIES v. GOLTENS TRADING & ENGINEERING

No. 01-16614.

313 F.3d 541 (2002)

COMMONWEALTH UTILITIES CORPORATION, Plaintiff, v. GOLTENS TRADING & ENGINEERING PTE LTD., a foreign corporation, Defendant, and In-Place Machining Company, Inc., a foreign corporation, Defendant-third-party-plaintiff-Appellant, v. MAN B & W Diesel AG, Third-party-defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed December 16, 2002.

Attorney(s) appearing for the Case

Thomas Roberts, Dooley Lannen Roberts & Fowler LLP, Tamuning, Guam; Elton John Bain, Kessner Duca Umebayashi Bain & Matsunaga, Honolulu, Hawaii, for the defendant-third-party-plaintiff-appellant.

Richard W. Pierce, White Pierce Mailman & Nutting, Saipan, Mariana, Pacific; Christopher H. Mansuy, De Orchis, Walker & Corsa, LLP, New York, NY, for third-party-defendant-appellee.

Before SCHROEDER, Chief Judge, ALARCÓN and FISHER, Circuit Judges.

OPINION

ALARCÓN, Circuit Judge:

Third-Party-Plaintiff-Appellant, In-Place Machining Company, Inc. ("IPM"), appeals from the district court's order for summary judgment dismissing IPM's claim for contribution from Third-Party-Defendant-Appellee, MAN B & W Diesel AG ("MAN"). The dispute arises from the failure of a large diesel generator, owned and operated by Commonwealth Utilities Corporation ("CUC"), shortly after the generator had received parts...

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