KYLE RAILWAYS v. PACIFIC ADMIN. SERVICES

No. 91-16391.

990 F.2d 513 (1993)

KYLE RAILWAYS, INC., Plaintiff-Appellant, v. PACIFIC ADMINISTRATION SERVICES, INC.; Adjustco, Inc., Successor in Interest to Pacific Administration Services, Inc.; Guarantee Mutual Life Company; National Benefit Resources Group Services, Inc., Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided April 9, 1993.


Attorney(s) appearing for the Case

Bradley A. Silva, Lang, Richert & Patch, Fresno, CA, for plaintiff-appellant.

Richard E. McGreevy, Leach, McGreevy & Eliassen, San Francisco, CA, for defendant-appellee Pacific Admin. Services.

Glenn E. Westreich, Rosenblum, Parish & Isaacs, San Francisco, CA, for defendant-appellee Guarantee Mut. Life Co.

David J. Garthe and Bruce Winkleman, Boornazian, Jensen & Garthe, Oakland, CA, for defendant-appellee National Ben. Resources Group.

Before FARRIS, POOLE, and WIGGINS, Circuit Judges.


WIGGINS, Circuit Judge:

Kyle Railway, Inc. ("Kyle") sued Pacific Administration Services, and its successor in interest Adjustco, Inc., ("Pacific"); Guarantee Mutual Life Company ("Guarantee"); and National Benefit Resources Group Services, Inc. ("National") for damages arising out of a denial of benefits by Guarantee on an aggregate excess loss insurance policy. The district court dismissed all of Kyle's claims against each defendant. Kyle appeals. We affirm.

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