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CONTINENTAL INSURANCE CO. v. DEL ASTRA INDUSTRIES, INC.

No. C-91-4478 SAW.

811 F.Supp. 1410 (1993)

CONTINENTAL INSURANCE CO., Plaintiff, v. DEL ASTRA INDUSTRIES, INC., Charles Prior Hall, and WBX Partners, Defendants.

United States District Court, N.D. California.

January 25, 1993.

Attorney(s) appearing for the Case

James Wilkins, Robert Landen, McCormick, Barstow, Sheppard, Wayte & Carruth, Fresno, CA, for plaintiff.

Steven Morger, Wendel, Rosen, Black, Dean & Levitan, Oakland, CA, James Andres, Newport Beach, CA, Peter Sandmann, Tesler & Sandmann, Mill Valley, CA, for defendants.

MEMORANDUM AND ORDER

WEIGEL, District Judge.

I. Background

In a patent lawsuit filed by Charles Prior Hall ("Hall") and WBX Partners ("WBX") against Del Astra Industries ("Del Astra") in the Central District of California ("the Central District action"), Del Astra tendered its defense to Continental Insurance Company ("Continental"). Continental refused the tender and filed an action seeking a declaration that it has no duty to indemnify...

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