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FIREMAN'S FUND INS. v. PAINEWEBBER REAL EST. SEC.

No. C-88-790 RFP.

690 F.Supp. 879 (1988)

FIREMAN'S FUND INSURANCE COMPANY, INC., Plaintiff, v. PAINEWEBBER REAL ESTATE SECURITIES, INC., et al., Defendants.

United States District Court, N.D. California.

May 11, 1988.

Attorney(s) appearing for the Case

Robert N. Schiff, Steven L. Sumnick, Dennis Gildea, Fisher & Hurst, San Francisco, Cal., for plaintiff.

Melvin R. Goldman, Jack W. Londen, James F. McCabe, Morrison & Foerster, Samuel A. Keesal, Jr., Peter R. Boutin, Robert D. DeLong, Keesal, Young & Logan, San Francisco, Cal., for defendants.

ORDER GRANTING DEFENDANT'S MOTION TO DISMISS

PECKHAM, Chief Judge.

I. INTRODUCTION

Fireman's Fund has been sued in state court by its insureds, PaineWebber and some affiliated entities ("PaineWebber"), for refusing to pay a claim. Fireman's Fund has now filed this diversity action for declaratory relief as between the same parties, based on the same claim.

PaineWebber makes a motion to dismiss, or alternatively to stay this litigation,...

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