William E. Wilkins, Jr. and Michael Lombardo, Plaintiffs Appellants, v. Oxford Chemicals, Inc., a Corporation; Dubois Usa, Adivision of Diversey Corporation; Diversey Corp,a Corporation; Diversey Usa Holdingsinc., a Corporation,defendants-appellees, 70 F.3d 1281 (9th Cir. 1995)

Before: PREGERSON, FERNANDEZ, Circuit Judges, and McLAUGHLIN^*  District Judge.

MEMORANDUM^** 

Plaintiffs-Appellants William E. Wilkins, Jr. and Michael Lombardo appeal the district court's grant of summary judgment in favor of Defendants-Appellees Oxford Chemicals Inc., Dubois USA, Diversey Corp., and Diversey USA Holdings, Inc. (collectively, "Oxford"). Wilkins and Lombardo sued Oxford for negligence and strict product liability for respiratory injuries they allegedly suffered after cleaning up a spill of a chemical manufactured and sold by Oxford.

We affirm the district court's grant of summary judgment in favor of defendants/appellees Oxford for substantially the reasons stated in the district court's memorandum and order. The district court correctly found that plaintiffs failed to come forward with a plausible theory under which plaintiffs injuries could have been caused by defendants' product, Algitrol 2. Summary judgment is appropriate here because "the factual context makes the non-moving party's claim implausible." California Architectural Bldg. Prods., Inc. v. Franciscan Ceramics, Inc., 818 F.2d 1466, 1468 (9th Cir. 1987), cert. denied, 484 U.S. 1006 (1988).

AFFIRMED.