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NAT. DISTRIBUTION AGENCY v. NATIONWIDE MUT. INS.

No. 96-55362.

117 F.3d 432 (1997)

NATIONAL DISTRIBUTION AGENCY, a Delaware corporation, Plaintiff-Appellant, v. NATIONWIDE MUTUAL INSURANCE COMPANY, a business entity, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided July 3, 1997.

Attorney(s) appearing for the Case

Brian D. Boydston, Pick & Boydston, Los Angeles, CA, for plaintiff-appellant.

Robin A. Webb, Craig S. Momita, Daniels, Baratta & Fine, Los Angeles, CA, for defendant-appellee.

Before: BRUNETTI and O'SCANNLAIN, Circuit Judges, and HOGAN, District Judge.

BRUNETTI, Circuit Judge:

OVERVIEW

National Distribution Agency ("NDA") filed this action against Nationwide Mutual Insurance Company ("Nationwide") after Nationwide refused to defend a lawsuit brought against NDA. Nationwide filed a motion to dismiss, which the district court granted with the following order: "IT IS HEREBY ORDERED that the motion to dismiss of defendant Nationwide Mutual Insurance be GRANTED. The Court may amend or amplify this order...

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