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C.N.R. ATKIN v. SMITH

No. 96-17057.

137 F.3d 1169 (1998)

C.N.R. ATKIN; Commercial Union Assurance Co.; Aegon Insurance Company (UK) Ltd.; Indemnity Marine Assurance Co. Ltd.; Maritime No. 1 Acct; The Yorkshire Insurance Co., Ltd.; Northern Assurance Company Of America; Ocean Marine Insurance Co. Ltd., Plaintiffs-counter-defendants-Appellees, v. William SMITH, Defendant-counter-claimant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided March 6, 1998.

Attorney(s) appearing for the Case

Lewis R. Warren, Belden, Abbey, Weitzenberg & Kelly, Santa Rosa, California, for defendant-appellant.

Walter T. Johnson, Lillick & Charles, San Francisco, California, for plaintiffs-appellees.

Before: HUG, Chief Judge, WALLACE and HALL, Circuit Judges.

OPINION

CYNTHIA HOLCOMB HALL, Circuit Judge:

William Smith ("Smith"), owner of the former yacht, Sybarite, appeals the district court's grant of summary judgment in favor of various insurance underwriters ("Underwriters") in the Underwriters' diversity action for declaratory relief against Smith seeking rescission of a yacht insurance policy. We have jurisdiction under 28 U.S.C. § 1291, and we affirm...

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