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INDIANA LUMBERMENS v. WEST OREGON WOOD PRODUCTS

No. 00-35621.

268 F.3d 639 (2001)

INDIANA LUMBERMENS MUTUAL INSURANCE COMPANY, an Indiana corporation, Plaintiff-Appellee, v. WEST OREGON WOOD PRODUCTS, INC., an Oregon corporation, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed October 5, 2001

As Amended November 27, 2001.

Attorney(s) appearing for the Case

William A. Drew, Elliott, Ostrander & Preston, P.C., Portland, Oregon, for the defendant-appellant.

Lisa E. Lear, Bullivant Houser Bailey PC, Portland, Oregon, for the plaintiff-appellee.

Laura A. Foggan, Wiley, Rein & Fielding, Washington, DC, for the amicus curiae.

Before: DAVID R. THOMPSON, A. WALLACE TASHIMA and SUSAN P. GRABER, Circuit Judges.

Argued and Submitted September 12, 2001 — Portland, Oregon.

OPINION

GRABER, Circuit Judge:

Defendant West Oregon Wood Products, Inc., appeals the district court's grant of summary judgment in favor of Plaintiff Indiana Lumbermens Mutual Insurance Company. The district court held that Plaintiff, which provided Defendant with commercial liability insurance, had no duty to defend Defendant in a nuisance...

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