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LASSEN CANYON NURSERY v. ROYAL INS. CO. OF AMERICA

No. 81-4602.

720 F.2d 1016 (1983)

LASSEN CANYON NURSERY, INC., Plaintiff-Appellant, v. ROYAL INSURANCE COMPANY OF AMERICA (formerly Royal Globe Insurance Co.), National Union Fire Insurance Company of Pittsburgh, Pa., and Does I-X, inclusive, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided September 23, 1983.

Attorney(s) appearing for the Case

Michael F. Kelley, Furth, Fahrner, Bluemle & Mason, San Francisco, Cal., for plaintiff-appellant.

Cynthia H. Plevin, Sedgwick, Detert, Moran & Arnold, David W. Gordon, Bronson, Bronson & McKinnon, San Francisco, Cal., for defendants-appellees.

Before ANDERSON, HUG, and NORRIS, Circuit Judges.

J. BLAINE ANDERSON, Circuit Judge:

Plaintiff Lassen (insured) appeals from summary judgment in favor of defendants Royal and National (insurers). The district court held that neither insurer had a duty to defend Lassen in a suit alleging violation of federal anti-trust law (the underlying litigation). We affirm.

As there are no material issues of fact, the only question for review is whether defendants prevail as a matter of law. Ferguson v. Flying Tiger...

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