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  5. 847 F.Supp. 1452 (1994)
 

NEW HAMPSHIRE INS. v. R.L. CHAIDES CONST.

No. C-92-2207 MHP.

847 F.Supp. 1452 (1994)

NEW HAMPSHIRE INSURANCE COMPANY, Plaintiff, v. R.L. CHAIDES CONSTRUCTION CO., INC., R.L. Chaides Equipment Co. and R.L. Chaides, and A.C. Aukerman Company, Defendants.

United States District Court, N.D. California.

January 7, 1994.

Attorney(s) appearing for the Case

Paul A. Giacoletti and Robert A. Ballard, Boornazian Jensen & Garthe, Oakland, CA, for plaintiff.

David A. Gauntlett, Callahan & Gauntlett, Irvine, CA, Thomas E. Schatzel, Thomas E. Schatzel Law Offices, Los Gatos, CA, and Geoffrey W. Snyder, Jackson, MI, for defendants.

MEMORANDUM AND ORDER

PATEL, District Judge.

New Hampshire Insurance Company ("NHICO") filed this action seeking a declaratory judgment that it has no duty to defend or indemnify its insured, R.L. Chaides Construction Co., Inc. ("Chaides") in connection with an action ("underlying action") brought in United States District Court. The underlying action was brought by A.C. Aukerman Company ("Aukerman") against Chaides, R.L. Chaides, and R.L. Chaides...

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