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HEALY TIBBITTS CONST. CO. v. INS. CO. OF NORTH AM.

No. 80-4565.

679 F.2d 803 (1982)

HEALY TIBBITTS CONSTRUCTION CO., a corporation, Plaintiff-Appellant, v. INSURANCE COMPANY OF NORTH AMERICA, a corporation, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided June 18, 1982.

Rehearing Denied August 2, 1982.

Attorney(s) appearing for the Case

Stephen McReavy and Linda E. Klamm, Hall, Henry, Oliver & McReavy, San Francisco, Cal., for plaintiff-appellant.

Thomas Wait, Barfield, Barfield, Dryden, Ruane, San Francisco, Cal., for defendant-appellee.

Before GOODWIN, SKOPIL, and FARRIS, Circuit Judges.

PER CURIAM:

The panel unanimously agrees that this case may be submitted without oral argument.

Healy Tibbitts Construction Company appeals from the grant of summary judgment in favor of its insurer, Insurance Company of North America. Healy assigns error to the trial court's finding that the insurance policy exclusion precluded his recovery. He argues that 1) the barge was not within the policy exclusion, 2) failure to plead the exclusion as an affirmative...

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