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BERRY v. COMMERCIAL UNION INS. CO.

No. 95-15380.

87 F.3d 387 (1996)

Seneva BERRY, A sole partnership, d/b/a Sunny Farms, Plaintiff-Appellant, v. COMMERCIAL UNION INSURANCE COMPANY, a Corporation, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided June 27, 1996.

Attorney(s) appearing for the Case

Lanny T. Winberry, Sacramento, California, for plaintiff-appellant.

Gerard A. Lafond, Jr., Los Angeles, California, for defendant-appellee.

Before: REINHARDT and HALL, Circuit Judges, and MERHIGE, District Judge.

CYNTHIA HOLCOMB HALL, Circuit Judge:

Seneva Berry appeals the district court's summary judgment in favor of Commercial Union Insurance Company, her insurer, after it refused to cover damage to her portable aluminum irrigation pipes which had chemically disintegrated once she flushed copper hydroxide based fungicides through them. We have jurisdiction pursuant to 28 U.S.C. § 1291 and reverse.

I.

Seneva Berry owns and operates Sunny Farms, a commercial...

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