Court of Appeals for the Ninth Circuit July 7, 2004, No. 03-35109 (National Management Services, Inc. v. Qwest Dex, Inc.)

MEMORANDUM *

National Management Services, Inc. appeals the district court’s grant of summary judgment to Qwest Dex, Inc. We have jurisdiction pursuant to 28 U.S.C. § 1291 and affirm in part and reverse in part.

Because the parties are familiar with the facts, we do not recount them in detail *195except as necessary. We review the district court order granting summary judgment de novo. Oliver v.