Court of Appeals for the Ninth Circuit January 18, 2001, No. 99-17154 (Marin Tug & Barge, Inc. v. Westport Petroleum, Inc.)

*759MEMORANDUM*

By separate order, we certify one issue in this case to the Supreme Court of California. In this Memorandum, we address the other issues, affirming in part, reversing in part, and remanding for further proceedings. Because the parties are familiar with the record, we will recite the facts only as necessary to explain our decision.

1.