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RESEARCH EQUITY FUND, INC. v. INSURANCE COMPANY OF NORTH AMERICA

No. 77-2466.

597 F.2d 1266 (1979)

RESEARCH EQUITY FUND, INC., Appellant, v. The INSURANCE COMPANY OF NORTH AMERICA, Appellee.

United States Court of Appeals, Ninth Circuit.

Rehearing Denied July 11, 1979.

Attorney(s) appearing for the Case

Sharon L. Wright, Swaner, Leslie & Deriman (argued), San Francisco, Cal., on brief; Nicholas Deriman, San Francisco, Cal., for appellant.

Paul H. Cyril, Bronson, Bronson & McKinnon, San Francisco, Cal., on brief; Fred C. Aldridge, Jr., Stradley, Ronon, Stevens & Young, Philadelphia, Pa., for appellee.

Before WRIGHT and KILKENNY, Circuit Judges, and PFAELZER, District Judge.

PER CURIAM:

On December 27, 1976, Appellant INA received from Appellee WGF a document in a case related to the present one which stated that judgment in this case had been entered on December 17, 1976. That same day, INA's counsel called the clerk to confirm that the judgment had been entered and the clerk mistakenly informed counsel that it had not. On January 14, 1977, INA received a notice of appeal from the judgment. INA again called the clerk who, for the first...

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