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BANK OF SAN PEDRO v. FORBES WESTAR, INC.

No. 93-55979.

53 F.3d 273 (1995)

BANK OF SAN PEDRO, a California corporation, Plaintiff-Appellant, v. FORBES WESTAR, INC., a Washington corporation; Ropner Insurance Services, Ltd.; Lloyd's Underwriters; Threadneedle Insurance Company, Ltd., et al., Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Opinion April 13, 1995.

Opinion Withdrawn April 24, 1995.

Decided April 24, 1995.

As Amended May 30, 1995.

Attorney(s) appearing for the Case

Patrick D. Webb and Michael M. Daly, Grace, Skocypec, Cosgrove, and Schirm, San Diego, CA, Kenneth B. Wassner, F.D.I.C., Irvine, CA, E. Whitney Drake, F.D.I.C., Washington, DC, for plaintiff-appellant Bank of San Pedro.

David Gorney, Chase, Rotchford, Drukker, and Bogust, Los Angeles, CA, for defendant-appellee Forbes Westar, Inc.

Scott T. Pratt and Elizabeth Ann Kendrick, Keesal, Young, and Logan, Long Beach, CA, for defendant-appellee Ropner Ins. Services.

Lawrence D. Bradley, Jr., Gordon K. Wright, Dimitrios P. Biller and Mark Christian Hendricks, Pillsbury, Madison, and Sutro, Los Angeles, CA, for defendants-appellees Lloyd's Underwriters, and Threadneedle Ins. Co.

Before: BEEZER, and NOONAN, Circuit Judges, and EZRA, District Judge.

ORDER

The opinion filed on April 13, 1995 is hereby withdrawn.

OPINION

NOONAN, Circuit Judge:

Bank of San Pedro (the Bank) appeals from the grant by the district court of summary judgment in favor of Lloyd's Underwriters and companies selling insurance on the London Insurance Market (the Insurers). We reverse the district court.

PROCEEDINGS

The Bank filed its complaint against the Insurers alleging breach of an...

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