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FIRST STATE INS. CO. v. CALLAN ASSOCIATES, INC.

No. 96-15487.

113 F.3d 161 (1997)

FIRST STATE INSURANCE COMPANY, Plaintiff-Counter-Defendant-Appellant, v. CALLAN ASSOCIATES, INC., a corporation, Defendant-Counter-Claimant-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided May 6, 1997.

Attorney(s) appearing for the Case

Richard de Saint Phalle, Oakland, CA, and K. Todd Shollenbarger, Buchalter, Nemer, Fields & Younger, San Francisco, CA, for plaintiff-counter-defendant-appellant First State Insurance Company.

James A. Richman and Paul A. Renne, Cooley, Godward, Castro, Huddleson & Tatum, San Francisco, CA, for defendant-counter-claimant-appellee Callan Associates, Inc.

Before: WIGGINS, JOHN T. NOONAN, Jr., and TROTT, Circuit Judges.

NOONAN, Circuit Judge:

First State Insurance Company (First State) appeals the dismissal of its suit against Callan Associates, Inc. (Callan), by the district court. The case involves one more variation of the problem where an insurance company seeks to invoke federal diversity jurisdiction in a dispute with its insured. Although occasionally stigmatized as "forum shopping," the desire for a federal forum is assured by the constitutional provision for diversity jurisdiction...

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