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  5. 836 F.2d 1164 (1988)
 

BAUGH CONST. CO. v. MISSION INS. CO.

Nos. 85-3763, 85-3770.

836 F.2d 1164 (1988)

BAUGH CONSTRUCTION CO., a Washington corporation, Plaintiff-Appellee, v. MISSION INSURANCE CO., a California corporation, et al., Defendants, and The Underwriters at Lloyd's A Great Britain corporation, Defendant-Appellant. BAUGH CONSTRUCTION CO., Plaintiff-Appellee, v. MISSION INSURANCE CO., Sayre & Toso, Inc., Harbor Insurance, American Reinsurance, C.V. Starr & Company, The Underwriters at Lloyd's, Granite State Insurance Co., and The Central National Insurance Company of Omaha, Defendants, and Holland America Insurance Corp., Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided January 5, 1988.

As Amended February 23, 1988.

Attorney(s) appearing for the Case

Mark Thorsrud, David A. Shaw, Tewell, Thorpe & Findlay, Inc., Seattle, Wash., for Holland America Insurance Corp.

Robert K. Waitt, Waitt, Johnson & Martens, Seattle, Wash., for Underwriters at Lloyd's.

John T. Petrie and Sarah Weaver, Diamond & Sylvester, Seattle, Wash., for plaintiff-appellee.

Before FLETCHER, BOOCHEVER and NORRIS, Circuit Judges.

BOOCHEVER, Circuit Judge:

Baugh Construction Company (Baugh) commenced a declaratory action against several third-party liability insurers seeking indemnity and reimbursement for its costs in defending claims asserted by Kilroy Industries, Inc. (Kilroy). Jurisdiction is based on diversity. 28 U.S.C. § 1332 (1982). The claims arose out of Baugh's construction of an office building. Baugh sought damages from Holland America Insurance Corporation (Holland) for breach...

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