REDFIELD v. INSURANCE CO. OF NORTH AMERICA

No. 88-6300.

940 F.2d 542 (1991)

Fremont G. REDFIELD, Plaintiff-Appellant, v. INSURANCE COMPANY OF NORTH AMERICA, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Memorandum Filed September 24, 1990.

Order Withdrawing Memorandum Filed August 6, 1991.

Decided August 6, 1991.


Attorney(s) appearing for the Case

John C. McCarthy, John C. McCarthy and Associates, Claremont, Cal., for plaintiff-appellant.

Gregory B. Tobin, Philadelphia, Pa., for defendant-appellee.

Before D.W. NELSON, BRUNETTI and O'SCANNLAIN, Circuit Judges.


ORDER

Appellant's petition for rehearing is GRANTED.

The memorandum disposition filed September 24, 1990 is withdrawn. A new disposition will be filed in its stead.

OPINION

O'SCANNLAIN, Circuit Judge:

This appeal from the district court's order granting relief from judgment pursuant to Federal Rule of Civil Procedure 60(b)(5) in an age discrimination case presents, surprisingly, a...

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