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IN RE K F DAIRIES, INC. & AFFILIATES

No. 97-55941.

224 F.3d 922 (2000)

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

United States Court of Appeals, Ninth Circuit.

Submission Vacated April 13, 1999.

Question Certified June 14, 1999.

Certified Question Denied July 28, 1999.

Returned on December 2, 1999.

Resubmitted January 5, 2000.

Filed August 25, 2000.

Attorney(s) appearing for the Case

David R. Scheidemantle (argued) and Aaron P. Allan, Proskauer Rose, Los Angeles, CA, for appellants.

Patricia M. Wilson and Melinda Ebelhar (argued), Caron, McCormick, Constants & Goldberg, Glendale, CA, for appellee.

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

Question Certified to California Supreme Court on June 14, 1999.

Matter Returned to Panel on December 2, 1999.

Opinion by Judge MICHAEL DALY HAWKINS; Dissent by Judge BEEZER.

MICHAEL DALY HAWKINS, Circuit Judge:

K F Dairies, Inc. and Affiliates ("KF Dairies") appeal the district court's reversal of the bankruptcy court's $1,142,783 judgment against Fireman's Fund Insurance Company ("Fireman's"). The...

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