James Gibson v. Owyhee Produce

Ninth Circuit

James Gibson v. Owyhee Produce

CourtCourt of Appeals for the Ninth Circuit

DecidedJuly 15, 2014

Docket12-35981

StatusUnpublished

This text of James Gibson v. Owyhee Produce (James Gibson v. Owyhee Produce) is published on Counsel Stack Legal Research, covering Court of Appeals for the Ninth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

James Gibson v. Owyhee Produce, (9th Cir. 2014).

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Opinion

FILED NOT FOR PUBLICATION JUL 15 2014

MOLLY C. DWYER, CLERK UNITED STATES COURT OF APPEALS U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

JAMES GIBSON; LAURIE GIBSON, No. 12-35981 husband and wife, D.C. No. 3:11-cv-01132-SI Plaintiffs - Appellants,

v. MEMORANDUM*

OWYHEE PRODUCE, LLC, an Oregon limited liability company,

Defendant - Appellee.

Appeal from the United States District Court for the District of Oregon Michael H. Simon, District Judge, Presiding

Argued and Submitted July 8, 2014 Portland, Oregon

Before: PREGERSON, PAEZ, and WATFORD, Circuit Judges.

We VACATE the district court’s grant of partial summary judgment, and

REMAND for further consideration in light of the Oregon Court of Appeals’s

intervening decision in Spain v. Jones, 308 P.3d 257 (Or. Ct. App. 2013).

* This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3. The parties shall bear their own costs on appeal.

VACATED and REMANDED.

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