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ST. PAUL FIRE AND MARINE INS. v. SEARS, ROEBUCK & CO.

No. 77-3515.

603 F.2d 780 (1979)

ST. PAUL FIRE AND MARINE INSURANCE COMPANY, a corporation, Appellant, v. SEARS, ROEBUCK AND COMPANY, a corporation, Appellee.

United States Court of Appeals, Ninth Circuit.

September 4, 1979.

Attorney(s) appearing for the Case

Terry Kinigstein, Jonas, Fern & Simpson, Los Angeles, Cal., for appellant; Ralph Jonas and Albert D. Sanchez, Los Angeles, Cal., on brief.

Richard A. Neumeyer, Los Angeles, Cal., for appellee; Arthur Paul Berg, Grace, Neumeyer & Otto, Los Angeles, Cal., on brief.

Before BROWNING, BARNES and ELY, Circuit Judges.

BARNES, Senior Circuit Judge.

St. Paul Fire and Marine Insurance Company ("St. Paul") brought this diversity action against Sears, Roebuck and Co. ("Sears") and others1 for declaratory relief as to its obligation to Sears, CCC Plastics, Inc. ("CCC Plastics") and other parties under a policy of liability insurance issued to the latter two named corporations. Summary judgment was granted in St. Paul's favor and Sears now appeals to this...

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