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SAFEWAY STORES, INC. v. NATIONAL UNION

Nos. 94-15241, 94-15273.

64 F.3d 1282 (1995)

SAFEWAY STORES, INC., Plaintiff-Appellant-Cross-Appellee, v. NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PA., Defendant-Appellee-Cross-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided August 23, 1995.

Attorney(s) appearing for the Case

Fredric J. Zepp, Charles S. Treat, Latham & Watkins, San Francisco, CA, for plaintiff-appellant-cross-appellee.

Thorn Rosenthal, Cahill Gordon & Reindel, New York City; David B. Paynter, Lewis, D'Amato, Brisbois & Bisgaard, San Francisco, CA, for defendant-appellee-cross-appellant.

Before: SNEED, CANBY, and FERNANDEZ, Circuit Judges.

SNEED, Circuit Judge:

Safeway Inc. ("Safeway") appeals and National Union Fire Insurance Company of Pittsburgh ("National Union") cross-appeals from the district court's judgment in this insurance coverage dispute over the settlement of several class actions against Safeway. Safeway contends that the district court erred by (i) holding that a large dividend paid out as part of the settlement was not a loss covered by Safeway...

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