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AMERICAN NAT. FIRE INS. CO. v. HUNGERFORD

No. 92-17081.

53 F.3d 1012 (1995)

AMERICAN NATIONAL FIRE INSURANCE COMPANY, Plaintiff-Counter-defendant-Appellant, v. Mark C. HUNGERFORD; W. Douglass Smith; Allen V. Hirsch; Robert N. Tidball; Steven L. Pease; Herbert D. Montgomery; Robert S. Leichtner; Robert W. Laversin, Defendants-Counter-claimants-Appellees, and Shirley B. Daniels, and Barney and Rachel Milione, Defendants-Appellees, and Great American Insurance Company, Counter-defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided April 27, 1995.

Attorney(s) appearing for the Case

Leonard S. Surdyk, Peterson & Ross, Chicago, IL, Carol G. Perry, St. Peter & Cooper, San Francisco, CA, for plaintiff-counter-defendant-appellant and counter-defendant-appellant.

Barron L. Weinstein, Meredith & Weinstein, Larkspur, CA, George F. Bishop, Furth, Fahrner & Mason, San Francisco, CA, for defendants-counter-claimants-appellees.

Before: REINHARDT and LEAVY, Circuit Judges, and McLAUGHLIN, District Judge.

LEAVY, Circuit Judge:

This appeal arises out of the district court's entry of summary judgment in favor of the insured in a declaratory judgment action brought by the insurer. Because we conclude that the district court improperly exercised its discretionary jurisdiction, we vacate the judgment and remand with instructions to dismiss the case.

FACTS AND PRIOR PROCEEDINGS

Mark Hungerford ("Hungerford") founded and served as Chairman of the Board and...

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