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KIRKBRIDE v. CONTINENTAL CAS. CO.

No. C-88-4400 JPV.

707 F.Supp. 429 (1989)

Bruce KIRKBRIDE and Barbara Kirkbride, et al., Plaintiffs, v. CONTINENTAL CASUALTY CO., et al., Defendants. Ray WONG, Plaintiff, v. AMERICAN CASUALTY CO., et al., Defendants. AMERICAN CASUALTY CO. and Continental Casualty Co., Cross- and Counter-Complainants, and 3rd Party Plaintiffs v. David L. BUTLER, et al., Cross-, Counter- and 3rd Party Defendants.

United States District Court, N.D. California.

February 6, 1989.

Attorney(s) appearing for the Case

Susan Illston, Cotchett & Illston, Burlingame, Cal., for Bruce and Barbara Kirkbride.

David C. Jones, Cooley, Godward, Castro, Huddleson & Tatum, San Francisco, Cal., for FSLIC.

Gary R. Selvin, Moore, Clifford, Wolfe, Larson & Trutner, Oakland, Cal., for American Cas. Co. of Reading, Pa. and Continental Cas. Co.

Jeffrey N. Haney and Brian W. Walsh, Bishop, Barry, Howe, Haney & Ryder, San Francisco, Cal., for Commercial Union Ins. Co.

Patrick J. Richard and Robin L. Harris, Severson, Werson, Burke & Melchior, San Francisco, Cal., for Fred S. James & Co.

Reed R. Kathrein, Law Offices of David Gold, San Francisco, Cal., for Ray Wong.

ORDER REMANDING CASE TO STATE COURT AND CERTIFYING MATTER FOR APPEAL

VUKASIN, District Judge.

I. INTRODUCTION

Cross-defendants1 Kirkbride and Wong seek remand of this action and recovery of costs under Rule 11 and/or 28 U.S.C. § 1927. Cross-defendants FSLIC vigorously opposes remand.

In a previously published opinion, Kirkbride v. Continental Casualty Co., 696 F.Supp. 496

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