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J.G. LINK & COMPANY v. CONTINENTAL CASUALTY COMPANY

No. 26220.

470 F.2d 1133 (1972)

J. G. LINK & COMPANY, a Co-Partnership of J. G. Link and Elmer F. Link, Plaintiffs-Appellants, v. CONTINENTAL CASUALTY COMPANY, an Illinois corporation, Defendant-Appellee. WAYRYNEN FUNERAL HOME, INC., a Montana corporation, et al., Plaintiffs-Appellants, v. CONTINENTAL CASUALITY COMPANY, an Illinois corporation, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Rehearing Denied March 12, 1973.

Attorney(s) appearing for the Case

James A. Poore (argued), of Poore, McKenzie & Roth, Butte, Mont., John C. Sheey (argued), Billings, Mont., Neil J. Lynch, of Genzberger, Genzberger & Lynch, Butte, Mont., for plaintiffs-appellants.

Jack L. Lewis (argued), of Jardine, Stephenson, Blewett & Weaver, Great Falls, Mont., for defendant-appellee.

Before HAMLEY and HUFSTEDLER, Circuit Judges, and MUECKE, District Judge.

MUECKE, District Judge:

This case deals with an architect's error and omission insurance policy. The action had its inception when Wayrynen Funeral Home, Inc., a Montana corporation, together with Mr. and Mrs. Ray Wayrynen (hereinafter called the Wayrynens) initiated an action in the state court against the architectural partnership of J. G. Link & Company (hereinafter called the Links), and other parties not involved here. The state action involved a suit for...

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