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COLUMBIA GRAIN, INC. v. OREGON INS. GUAR. ASS'N

Nos. 92-35572, 92-35581.

22 F.3d 928 (1994)

COLUMBIA GRAIN, INC., an Oregon corporation, Plaintiff, v. OREGON INSURANCE GUARANTY ASSOCIATION, an Oregon association, Fourth-party defendant-Appellant, and LOUISIANA INSURANCE GUARANTY ASSOCIATION, Intervenor-Appellee, v. WISMER AND BECKER CONTRACTING ENGINEERS, a foreign corporation, Third-party-defendant, and SHARP ELECTRIC INC., a foreign corporation, Third-party-defendant-fourth-party-plaintiff-Appellee, v. BUHLER-MIAG, INC., a foreign corporation, Third-party-defendant-plaintiff-Appellee. COLUMBIA GRAIN, INC., an Oregon corporation, Plaintiff, v. LOUISIANA INSURANCE GUARANTY ASSOCIATION, Intervenor-Appellant, v. WISMER AND BECKER CONTRACTING ENGINEERS, a foreign corporation, Third-party-defendant, and SHARP ELECTRIC INC., a foreign corporation, Third-party-defendant-Appellee, v. BUHLER-MIAG, INC., a foreign corporation, Defendant-third-party-plaintiff-Appellee, and Oregon Insurance Guaranty Association, an Oregon association, Fourth-party-defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided April 25, 1994.

Attorney(s) appearing for the Case

William D. Okrent, Acker, Okrent, Portland, OR, Carey J. Guglielmo, Mathews, Atkinson, Guglielmo, Marks & Day, Baton Rouge, LA, for Louisiana Ins. Guar. Ass'n.

Thomas W. Brown, Cosgrave, Vergeer & Kester, Portland, OR, for Oregon Ins. Guar. Ass'n.

M. Elizabeth Duncan, W.A. Jerry North, Schwabe, Williamson & Wyatt, Portland, OR, for Buhler-Miag.

Before: POOLE and TROTT, Circuit Judges, and KING, District Judge.

Opinion by Judge TROTT.

TROTT, Circuit Judge:

Oregon Insurance Guaranty Association and Louisiana Insurance Guaranty Association appeal the district court's summary judgment in favor of Buhler-Miag, Inc. The district court ruled that Buhler-Miag's third-party claims against Sharp Electric, Inc. were "covered claims" under both Oregon and Louisiana law, entitling Buhler-Miag to recover a portion of these claims from the Oregon and Louisiana Insurance Guaranty...

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