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McDONALD v. SUN OIL CO.

No. 06-35683.

548 F.3d 774 (2008)

Thomas McDONALD; Marian McDonald; Alex E. McDonald, Plaintiffs-Appellants, v. SUN OIL COMPANY; Sunoco, Inc.; Cordero Mining Company; J.T. Batterson; Susan Batterson, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed November 19, 2008.

Attorney(s) appearing for the Case

Brooks Foster (argued) and Brian D. Chenoweth, Chenoweth Law Group, Portland, OR, for the plaintiffs-appellants.

Harold L. Segall (argued), James T. Esselman and Leah A. Dundon, Beveridge & Diamond, P.C., Washington, District of Columbia, for the defendants-appellees.

Before: HARRY PREGERSON and STEPHEN REINHARDT, Circuit Judges, and LYLE E. STROM, District Judge.

STROM, District Judge:

Thomas McDonald, Marian McDonald and Alex McDonald appeal from the district court's grant of summary judgment in favor of Sun Oil Company, Sunoco, Inc. and Cordero Mining Company (collectively, "Sun"). The McDonalds sued Sun for, among other things, negligence, contribution, breach of contract and fraud. Each of these claims arose out of an alleged oral warranty that certain crushed rock at the Horse Heaven Mine Property ("Horse Heaven"), a...

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