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DEEGAN v. CONTINENTAL CAS. CO.

Nos. 98-15071, 98-15153.

167 F.3d 502 (1999)

Thomas S. DEEGAN, a single person, Plaintiff-Appellant, v. CONTINENTAL CASUALTY COMPANY, an Illinois corporation, Defendant-Appellee. Thomas S. Deegan, a single person, Plaintiff-Appellee, v. Continental Casualty Company, an Illinois corporation, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided February 3, 1999.

Attorney(s) appearing for the Case

Wayne C. Arnett, Arnett & Arnett, Tempe, Arizona, for the appellant-cross-appellee.

Wm. Charles Thomson, III, Gallagher & Kennedy, P.A., Phoenix, Arizona, for the appellee-cross-appellant.

Before: SNEED, TASHIMA and SILVERMAN, Circuit Judges.

SNEED, Circuit Judge:

Appellant and cross-appellee Thomas S. Deegan ("appellant") appeals from the decision of the District Court for the District of Arizona which concluded that appellant was not entitled to disability benefits for his partial disability under the terms of his insurance policy after he began a second job.

Appellee and cross-appellant Continental Casualty Company ("appellee") cross-appeal from the initial decision of the district court which...

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