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STATE FARM FIRE AND CAS. CO. v. ESTATE OF JENNER

No. 87-2153.

874 F.2d 604 (1989)

STATE FARM FIRE AND CASUALTY COMPANY, Plaintiff-Appellee, v. ESTATE OF Elmer JENNER; Leonard Jenner, as Executor of the Estate of Elmer Jenner, Deceased, Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

Orders February 22, 1989 and May 10, 1989.

Opinion May 10, 1989.

Attorney(s) appearing for the Case

Robert A. Smith, Mittleman & Smith, Sonoma, Cal., Alex Reisman, Colman, Reisman & Bourdon, San Francisco, Cal., for defendants-appellants.

Michael J. Brady, Redwood City, Cal., Gail Y. Norton, Ropers, Majeski, Kohn, Bentley, Wagner & Kane, San Francisco, Cal., for plaintiff-appellee.

Before SCHROEDER and WIGGINS, Circuit Judges, and DIMMICK, District Judge.

ORDER

Feb. 22, 1989.

The petition for rehearing is GRANTED. The opinion filed September 8, 1988, is VACATED, and a revised opinion shall be filed.

ORDER

May 10, 1989.

The February 22, 1989, order granting Jenner's petition for rehearing and vacating the decision filed September 8, 1988, shall be published. Additionally, the second sentence of the order is amended to state: "The opinion filed September 8, 1988, is vacated, and...

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