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ALVAREZ v. INSURANCE CO. OF NORTH AMERICA

No. C-86-6120-CAL.

667 F.Supp. 689 (1987)

Javier ALVAREZ, d/b/a Nueva Castilla Co., a partnership, Plaintiff, v. INSURANCE COMPANY OF NORTH AMERICA, et al., Defendants.

United States District Court, N.D. California.

August 4, 1987.

Attorney(s) appearing for the Case

Socrates Mamakos, San Francisco, Cal., for plaintiff.

Harry J. Levine, Charles J. Philipps, Adams, Philipps & Alexander, San Francisco, Cal., for defendants.

OPINION AND ORDER

LEGGE, District Judge.

This case involves the issue of whether the Miller Act, 40 U.S.C. § 270a et seq., preempts a state cause of action for unfair insurance practices under the California Insurance Code.1

I.

Plaintiff Nueva Castilla was a subcontractor to Feinstein Construction, the bonded general contractor, on a federal construction project in California. Defendant Insurance...

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