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UNITED NAT. INS. CO. v. R & D LATEX CORP.

No. 97-55123.

141 F.3d 916 (1998)

UNITED NATIONAL INSURANCE CO.; Aetna Casualty & Surety Co., Plaintiffs-Appellees, v. R & D LATEX CORP.; Mydrin, Inc., for itself and as successor in interest to R & D Latex Corp., Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

Decided April 6, 1998.

As Amended May 14, 1998.

Attorney(s) appearing for the Case

John Shaeffer, Los Angeles, CA, for defendants-appellants.

Elizabeth L. Crooke, Los Angeles, CA, Michael D. Prough, Walnut Creek, CA, for plaintiffs-appellees.

Before: FLETCHER, MAGILL, and T.G. NELSON, Circuit Judges.

FLETCHER, Circuit Judge:

In this comeback case, Mydrin, Inc., again appeals the district court's grant of summary judgment and partial summary judgment respectively in favor of United National Insurance Company ("United National") and Aetna Casualty & Surety Company ("Aetna"). United National and Aetna brought declaratory judgment actions seeking to avoid the obligation to defend or indemnify Mydrin against suits still pending in California Superior Court.

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