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BUDGET RENT-A-CAR v. DeCOITE

No. 95-15932.

113 F.3d 1132 (1997)

BUDGET RENT-A-CAR, Plaintiff-Appellant, v. Clayton DeCOITE; Rosemarie Aranita; Elizabeth Tavares; Chasity Johnson; Melvin Schmidt, Sr., Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided May 22, 1997.

Attorney(s) appearing for the Case

Carleton B. Reid, Reid, Richards & Miyagi, Honolulu, Hawaii, for plaintiff-appellant.

Stephen K. Yamada, Honolulu, Hawaii, for defendants-appellees.

Before: WALLACE, SCHROEDER, and ALARCON, Circuit Judges.

OPINION

WALLACE, Circuit Judge.

Budget Rent-A-Car Systems, Inc. (Budget) appeals from the district court's summary judgment. Budget filed this declaratory relief action in federal court against one of its customers, Clayton DeCoite, and four persons allegedly injured by DeCoite in a traffic accident. Budget sought a declaration that it had no duty to defend or indemnify DeCoite because he misrepresented his driving record on the rental form. The district...

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