Summary
affirming district court's denial of FED. R. CIV. P. 25 motion to substitute where defendant's formal suggestion of death on the record was not served on decedent's successors or representatives
Summary of this case from Soares v. ParamoOpinion
Editorial Note:
This opinion appears in the Federal reporter in a table titled "Table of Decisions Without Reported Opinions". (See FI CTA9 Rule 36-3 regarding use of unpublished opinions)
Argued Sept. 10, 1997.
Appeal from the United States District Court for the District of Oregon, John P. Cooney, Magistrate Judge, Presiding.
Before CANBY, T.G. NELSON, and KLEINFELD, Circuit Judges.
This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as may be provided by 9th Cir. R. 36-3.
This case is hereby resubmitted effective September 1, 1999.
The Oregon Supreme Court has answered the questions we certified to it. Shasta View Irrigation Dist. v. Amoco Chemicals Corp., No. SC S44723, 1999 WL 549289 (Or. July 29, 1999). This court may affirm the district court's grant of summary judgment on any ground finding support in the record. See Solomon v. North Am. Life & Cas. Ins. Co., 151 F.3d 1132, 1138 (9th Cir.1998). The Oregon Supreme Court's holding that irrigation districts are not exempt from the statute of ultimate repose found in Or.Rev.Stat. § 30.905 disposes of the issues in this case.
The judgment appealed from is AFFIRMED.