Legal Opinion

Airborne Freight Corp. v. St. Paul Fire & Marine Insurance

Court of Appeals for the Ninth Circuit

Decided December 2, 2008No. 07-35294Published

1Opinion of the Court

MEMORANDUM *

Airborne Freight Corporation (“Airborne”) again appeals from the denial of its motion for summary judgment and the grant of summary judgment in favor of St. Paul Fire & Marine Insurance Company (“St. Paul”). We have jurisdiction under 28 U.S.C. § 1291, and we affirm in part, reverse in part, and remand.

Our prior opinion, 472 F.3d 634 (9th Cir.2006), stated that genuine issues of material fact exist as to two questions: (1) “whether the United States Postal Service *485[ (“USPS”) ] was a covered agent of Airborne” and (2) “whether Airborne retained the responsibility and liability for…

2Cases cited4 opinions

  1. Tanner Electric Cooperative v. Puget Sound Power & LightWashington Supreme Court · 1996
  2. Caritas Services, Inc. v. Department of Social & Health ServicesWashington Supreme Court · 1994
  3. Koury v. Providence-Washington InsuranceSupreme Court of Rhode Island · 1929
  4. Airborne Freight Corporation, a Delaware Corporation Dba Airborne Express Inc v. St. Paul Fire & Marine Insurance Company, a CorporationCourt of Appeals for the Ninth Circuit · 2006

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