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LEADER NATIONAL INSURANCE COMPANY v. INDUSTRIAL INDEMNITY INSURANCE COMPANY

Nos. 93-35921, 94-35005.

19 F.3d 444 (1994)

LEADER NATIONAL INSURANCE COMPANY, Plaintiff-Appellee, v. INDUSTRIAL INDEMNITY INSURANCE COMPANY, a California Corporation, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided March 16, 1994.

Attorney(s) appearing for the Case

Stewart Andrew Estes, Keating, Bucklin & McCormack, Seattle, WA, for plaintiff-appellee.

Mark S. Northcraft and Eileen I. McKillop, Northcraft, Tierney & Hilleman, Seattle, WA, for defendant-appellant.

Before: FLETCHER, BRUNETTI and TROTT, Circuit Judges.

Submitted to Motions Panel March 8, 1994.

Appellee has filed a motion to dismiss appeal no. 93-35921 for lack of jurisdiction. Appellee contends that the notice of appeal was filed during the pendency of a timely Fed.R.Civ.P. 59 motion to amend the judgment, and, therefore, under the Appellate Rules in effect at the time, the notice of appeal is a nullity. See Fed.R.App.P. 4(a)(4); Griggs v. Provident Consumer Discount...

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