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STATE FARM FIRE & CAS. CO. v. TRINGALI

No. 81-4040.

686 F.2d 821 (1982)

STATE FARM FIRE & CASUALTY COMPANY, Plaintiff-Appellant, v. Matthew S. TRINGALI, Defendant-Appellee, and Glenn K. Makua, Defendant.

United States Court of Appeals, Ninth Circuit.

Submitted June 29, 1982.

Decided September 9, 1982.

Rehearing Denied October 15, 1982.

Attorney(s) appearing for the Case

J. Douglas Ing, Honolulu, Hawaii, for plaintiff-appellant.

Ian L. Mattoch, Honolulu, Hawaii, for defendant-appellee.

Before DUNIWAY and CANBY, Circuit Judges, and HALBERT, District Judge.

DUNIWAY, Circuit Judge:

This is an appeal from a summary judgment for the insured in an action for a declaration of rights and liabilities under a compulsory automobile liability insurance policy. We affirm.

I. Facts.

Glenn K. Makua intentionally drove his car against a stationary motorcycle on which Matthew S. Tringali was a passenger. Tringali brought a diversity action for personal injuries against Makua in the federal district court. Makua...

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