Court of Appeals for the Ninth Circuit October 10, 2003, No. 02-35711; D.C. No. CV-01-01597-RSL (Tuggle v. Columbia Sportswear Inc.)

MEMORANDUM**

Robert Tuggle appeals the grant of summary judgment below. Tuggle failed to exercise his stock options in Columbia before they expired on November 28, 2000. Tuggle’s failure to exercise the options was not excused by the actions of Columbia’s agent, Kate Astle. Astle’s attempts to contact Tuggle on the day his options expired did not prevent him from purchasing the options.