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IN RE KF DAIRIES, INC.

No. 97-55941.

179 F.3d 1226 (1999)

In re KF DAIRIES, INC. & Affiliates, Debtors. KF Dairies, Inc. & Affiliates, Appellants, v. Fireman's Fund Insurance Co., Appellee.

United States Court of Appeals, Ninth Circuit.

June 14, 1999.

Attorney(s) appearing for the Case

David R. Scheidemantle and Aaron P. Allan, Proskauer Rose, Los Angeles, California, for the appellants.

Patricia M. Wilson and Melinda Ebelhar, Caron, McCormick, Constants & Goldberg, Glendale, California, for the appellee.

Before: PREGERSON, BEEZER, and HAWKINS, Circuit Judges.

We find that questions of state law may be determinative of the above-captioned claim. Therefore, pursuant to Rule 29.5 of the California Rules of Court, we certify the following question to the California Supreme Court:

Where the state seeks recovery for damage to state-owned groundwater contained within certain property, does the property owner's comprehensive general liability policy provide coverage if the damage occurred within the policy period, but...

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