Court of Appeals for the Ninth Circuit March 12, 2004, No. 01-36124; D.C. No. CV-01-00142-HA (Rempel v. United Parcel Service General Service Co.)

FERGUSON, Circuit Judge,

dissenting.

FERGUSON, Circuit Judge.

I respectfully dissent because this case is inappropriate for summary judgment. The meaning of the disputed contract term should be decided at trial.

Yogman v. Parrott, 325 Or. 358, 937 P.2d 1019 (1997), outlines the analytical steps courts must take to interpret disputed contract provisions.