JAMES GIBSON; LAURIE GIBSON, husband and wife v. OWYHEE PRODUCE, LLC, an Oregon limited liability company

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
JAMES GIBSON; LAURIE GIBSON,
husband and wife,
Plaintiffs - Appellants,
v.
OWYHEE PRODUCE, LLC, an Oregon
limited liability company,
Defendant - Appellee.
No. 12-35981
D.C. No. 3:11-cv-01132-SI
MEMORANDUM*
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).
FILED
JUL 15 2014
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
* This disposition is not appropriate for publication and is not precedent
except as provided by 9th Cir. R. 36-3.

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The parties shall bear their own costs on appeal.
VACATED and REMANDED.
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