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INTERSTATE FIRE & CAS. CO. v. ARCHDIOCESE

No. 91-35610.

35 F.3d 1325 (1994)

INTERSTATE FIRE & CASUALTY COMPANY, an Illinois corporation, Plaintiff-Appellant, v. ARCHDIOCESE OF PORTLAND IN OREGON, an Oregon corporation; Underwriters at Lloyd's of London, et al., subscribing to policies numbered SL 3391/SLC 5411 and SL 3831/SLC 5843; Excess Insurance Co., Ltd., a United Kingdom corporation; Yasuda Fire and Marine Insurance Company, (U.K.), a United Kingdom corporation; Terra Nova Ins. Co., Ltd., a United Kingdom corporation, et al., Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Withdrawn from Submission April 1, 1993.

Resubmitted August 11, 1994.

Decided August 30, 1994.

Rehearing and Suggestion for Rehearing Denied October 19, 1994.

Attorney(s) appearing for the Case

G. Marts Acker and William D. Okrent, Acker & Okrent, Portland, OR, and Timothy J. McNamara, Onebane, Donohoe, Bernard, Torian, Diaz, McNamara & Abell, Lafayette, LA, for plaintiff-appellant Interstate Fire & Cas. Co.

John R. Faust, Jr., and Mildred J. Carmack, Schwabe, Williamson & Wyatt, Portland, OR, for defendant-appellee Archdiocese of Portland.

Richard F. Johnson, Hugh C. Griffith, and Sandra K. Macauley, Lord, Bissell & Brook, Chicago, IL, and Jeffrey M. Batchelor and Milo Petranovich, Lane, Powell, Spears & Lubersky, Portland, OR, for defendants-appellees LLoyd's, et al.

Before: D.W. NELSON, TROTT, and T.G. NELSON, Circuit Judges.

Rehearing and Suggestion for Rehearing En Banc Denied October 19, 1994.

D.W. NELSON, Circuit Judge:

Interstate Fire & Casualty Company ("Interstate") appeals the district court's grant of summary judgment in favor of the Archdiocese of Portland in Oregon and Underwriters at Lloyd's of London, et al. ("Lloyd's") in an insurance coverage dispute. In 1985, the Archdiocese was sued by a boy who claimed that he had been sexually molested over a period of years...

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