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CAPITAL INSURANCE & SURETY CO. v. GLOBE INDEMNITY CO.

No. 21000.

382 F.2d 623 (1967)

CAPITAL INSURANCE & SURETY CO., Inc., a corporation, Appellant, v. GLOBE INDEMNITY COMPANY, a corporation, Appellee.

United States Court of Appeals Ninth Circuit.

September 18, 1967.

Attorney(s) appearing for the Case

Walter Ferenz, Barrett, Ferenz & Trapp, Oakland, Cal., and Agana, Guam, for appellant.

Andrew Collins, Sedgwick, Detert, Moran & Arnold, San Francisco, Cal., David M. Shapiro, Agana, Guam, for appellee.

Before MADDEN, Judge of the United States Court of Claims, and HAMLEY and KOELSCH, Circuit Judges.

KOELSCH, Circuit Judge:

This case is here for the second time. All the relevant facts are set out in our first opinion, Globe Indemnity Co., v. Capital Insurance & Surety Co., 352 F.2d 236 (9th Cir. 1965). There we vacated a $9,045 judgment in favor of Globe and remanded the cause to the district court for the primary purpose of augmenting the record by adding evidence which Globe contended would establish Carolan's non-coverage...

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