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WEYERHAEUSER CO. v. RELIANCE INSURANCE CO.

No. 81-3698.

707 F.2d 366 (1983)

WEYERHAEUSER CO., a Washington Corp., Plaintiff-Appellee, v. RELIANCE INSURANCE CO., Surety for Combustion Equipment Assoc. Inc., A New York Corp., and Combustion Corp., A California Corp., Defendants-Appellants, and Williams Patent Crusher and Pulverizer Co., Inc., a Missouri Corp., Third Party Defendant.

United States Court of Appeals, Ninth Circuit.

Decided April 14, 1983.

Rehearing and Rehearing Denied June 10, 1983.

Attorney(s) appearing for the Case

W.A. Jerry North, Schwabe, Williamson, Wyatt, Moore & Roberts, Portland, Or., for defendants-appellants.

Karen K. Creason, Davies, Biggs, Strayer, Stoel & Boley, Portland, Or., for plaintiff-appellee.

Before KILKENNY, WALLACE and SCHROEDER, Circuit Judges.

Rehearing and Rehearing En Banc Denied June 10, 1983.

WALLACE, Circuit Judge.

While this case was under submission this court decided the unrelated case of Turner v. Japan Lines, Ltd., 702 F.2d 752 (9th Cir.1983). The decision in Turner deals with the sole issue presented in this appeal and holds exactly the opposite of what the district court held in its opinion and judgment of November 24, 1981. There being...

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