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WESTERN FIRE INS. CO. v. NATIONAL UNION FIRE INS. CO.

No. 71-1701.

477 F.2d 1026 (1973)

The WESTERN FIRE INSURANCE COMPANY, Plaintiff and Appellant, v. NATIONAL UNION FIRE INSURANCE COMPANY, Defendant and Appellee.

United States Court of Appeals, Ninth Circuit.

Rehearing Denied May 2, 1973.

Attorney(s) appearing for the Case

J. Gordon Cook (argued), Renaud, Cook, Miller & Cordova, Phoenix, Ariz., for appellant.

Richard A. Black (argued), Phoenix, Ariz., for appellee.

Before CHAMBERS and HUFSTEDLER, Circuit Judges, and FERGUSON, District Judge.

OPINION

CHAMBERS, Circuit Judge:

During the night of May 4, 1967, Leonard Monti, Jr., shot his mistress. It happened in their restaurant bedroom. Successively he had two theories. First, he said it must have happened while he was asleep. Later, he remembered that he shot her, believing mistakenly in the dark that he was shooting at a burglar. As a result, the girl is a helpless quadriplegic. Now, at the instance of two insurance companies we must sift through...

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