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FIREMAN'S FUND INS. CO. v. INTERN. MARKET PLACE

No. 84-4417.

773 F.2d 1068 (1985)

FIREMAN'S FUND INSURANCE COMPANY, a California corporation, Plaintiff-Appellee, v. INTERNATIONAL MARKET PLACE, a limited partnership, Plaintiff in Intervention, v. Frank M. REED, Jr., Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided October 11, 1985.

Attorney(s) appearing for the Case

Cabot Chrisianson, Robert J. Bucklew, Foulds, Felker, Johnson & McHugh, Anchorage, Alaska, for plaintiff-appellee.

Daniel Westerburg, Birch, Horton, Bittner, Pestinger & Anderson, Anchorage, Alaska, for defendant-appellant.

Before CHOY, SNEED, and BRUNETTI, Circuit Judges.

CHOY, Senior Circuit Judge:

Reed was convicted in federal court of destroying a building with the use of an explosive, in violation of 18 U.S.C. § 844(i). His conviction was reversed because the government had failed to show that Reed used an explosive, as required under the statute. Fireman's Fund, the insurer of the building, brought this civil action against Reed for restitution. The district court granted summary judgment for Fireman's Fund. The court held...

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