SIMPLY FRESH FRUIT, INC. v. CONTINENTAL INS. CO.

No. 94-56061.

94 F.3d 1219 (1996)

SIMPLY FRESH FRUIT, INC., a California corporation; P & C Services, Inc., a California corporation, Plaintiffs-Appellants, v. The CONTINENTAL INSURANCE COMPANY, a New Hampshire corporation, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Memorandum Filed March 8, 1996.

Order and Opinion Filed May 30, 1996.

As Amended August 16, 1996.


Attorney(s) appearing for the Case

Edouard V. Rosa, Huebner & Rosa, Los Angeles, California, for plaintiffs-appellants.

James H. Wilkins, Robert K. Landen, McCormick, Barstow, Sheppard, Wayte & Carruth, Fresno, California, for defendant-appellee.

Before: POOLE, WIGGINS and RYMER, Circuit Judges.


ORDER

The appellee's request for publication pursuant to Ninth Cir. R. 36-2 is GRANTED. Thus, the memorandum disposition filed March 8, 1996 is hereby redesignated as an authored opinion by Judge Cecil F. Poole.

OPINION

POOLE, Circuit Judge:

OVERVIEW

Simply Fresh Fruit, Inc. and P & C Services, Inc. (collectively "Appellants") appeal the district court's grant of summary judgment in favor of their insurer, Continental...

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