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AMERICAN STATES INS. CO. v. DASTAR CORP.

No. 01-35412.

318 F.3d 881 (2003)

AMERICAN STATES INSURANCE COMPANY, and American Economy Insurance Company, Plaintiffs-Appellees, v. DASTAR CORPORATION, an Oregon corporation, Entertainment Distributing, an Oregon corporation, and Marathon Music & Video, an Oregon corporation, Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

Filed January 22, 2003.

Attorney(s) appearing for the Case

David A. Gerber, D. Gerber Law Offices, Oxnard, CA, for defendants-appellants Dastar Corporation, Entertainment Distributing, and Marathon Music & Video.

Lisa E. Lear & Beth R. Skillern, Bullivant, Houser, Baily PC, Portland, OR, for plaintiffs-appellees American States Insurance Company and American Economy Insurance Company.

Before FERGUSON, W. FLETCHER, Circuit Judges, and KING, District Judge.

OPINION

KING, District Judge.

Dastar Corporation, Entertainment Distributing, and Marathon Music & Video (collectively "Dastar") appeal the district court's grant of partial summary judgment in favor of American States Insurance Company and American Economy Insurance Company (collectively "American") on the sole issue of whether American owed Dastar a duty to defend in a separate action. Because the parties...

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