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MANZANITA PARK v. INSURANCE CO. OF NORTH AMERICA

No. 87-1787.

857 F.2d 549 (1988)

MANZANITA PARK, INC., an Arizona corporation, Plaintiff-Counter-Claim-Defendant/Appellant, v. INSURANCE COMPANY OF NORTH AMERICA; Land Speed Insurers Agency, Inc.; Haas & Wilkerson, and Jack Jordan, Defendants-Counter-Claimants/Appellees.

United States Court of Appeals, Ninth Circuit.

Decided September 13, 1988.

Attorney(s) appearing for the Case

Joseph A. Schenk and Paula S. Bickett, Beus, Gilbert, Wake & Morrill, Phoenix, Ariz., for plaintiff-counter-claim-defendant/appellant Manzanita Park, Inc.

Michael K. Kennedy and Kevin E. O'Malley, Gallagher & Kennedy, Phoenix, Ariz., for defendant-counter-claimant/appellee Ins. Co. of North America.

John A. Miller and Janet Napolitano, Lewis and Roca, Phoenix, Ariz., for defendants-counter-claimant/appellees Land Speed Insurers Agency, Inc., Haas & Wilkerson, and Jack Jordan.

Before GOODWIN and FLETCHER, Circuit Judges and KING, District Judge.

SAMUEL P. KING, Senior District Judge:

I. BACKGROUND

In this diversity action, Manzanita Park, Inc., the owner of Manzanita Park Speedway in Phoenix, Arizona, appeals from a grant of summary judgment in favor of defendants Insurance Company of North America ("INA"), Land Speed Insurers Agency, Inc. ("Land Speed"), Haas & Wilkerson, and Jack Jordan. We affirm in part, reverse in part and remand for further proceedings consistent with this opinion.

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