Court of Appeals for the Ninth Circuit February 20, 2004, No. 02-35985; D.C. No. CV-01-01083-JCC (12 Americans Inc. v. MSNBC Interactive News LLC)

MEMORANDUM *

12 Americans, Inc. (“12 Americans”), an Internet startup company, appeals the district court’s summary judgment in its diversity action alleging breach of contract and promissory estoppel. 12 Americans contends that MSNBC was obligated by contract or promissory estoppel to use 12 Americans’ polling sendees on MSNBC’s Web site during and after the 2000 election campaigns.