Legal Opinion

Export-Import Bank of the United States v. United California Discount Corp.

Court of Appeals for the Ninth Circuit

Decided May 14, 2012No. 11-55272Unpublished

1Opinion of the Court

MEMORANDUM *

United California Discount Corporation (UCDC) challenges the district court’s decision to grant summary judgment in favor of Appellee Export-Import Bank of the United States (Ex-Im).

Federal common law applies to this action because the United States is a party as a result of a federal insurance program. See Seattle Fur Exch., Inc. v. Foreign Credit Ins. Ass’n, 7 F.3d 158, 161 (9th Cir.1993); see also Nat’l Audubon Soc. v. Dep’t of Water, 869 F.2d 1196, 1203 (9th Cir.1989), as amended. 1

Ex-Im has standing to bring this action against UCDC because UPS assigned Ex-Im its right to…

2Cases cited7 opinions

  1. United States v. Ruth G. Thornburg Michael D. Thornburg David Jean Thornburg Kathy Ann NorthingtonCourt of Appeals for the Ninth Circuit · 1996
  2. Andy Marine, Inc., a California Corporation v. Zidell, Inc., an Oregon Corporation v. The Commercial Bank of Korea, Ltd., a Korean CorporationCourt of Appeals for the Ninth Circuit · 1987
  3. San Diego Gas & Electric Co. v. Bank LeumiCalifornia Court of Appeal · 1996
  4. Board of Trade of San Francisco, and Electronic Arrays, Inc., Plaintiff-In-Intervention/appellant v. Swiss Credit BankCourt of Appeals for the Ninth Circuit · 1984
  5. Warner Bros. International Television Distribution v. Golden Channels & Co.Court of Appeals for the Ninth Circuit · 2008

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