FIREMAN'S FUND INSURANCE COMPANY v. CITY OF LODI

Nos. 99-15614, 99-15802.

302 F.3d 928 (2002)

FIREMAN'S FUND INSURANCE COMPANY, a California corporation, Plaintiff-Appellant, v. CITY OF LODI, CALIFORNIA, Jack Sieglock, in his capacity as Mayor of the City of Lodi; Richard Prima, Jr., in his capacity as Enforcing Officer of Lodi Ordinance No. 1650; Randall A. Hays, individually and in his capacity as Lodi City Attorney; Michael C. Donovan, individually and in his capacity as Lodi Assistant City Attorney; Adam L. Babich, individually and in his capacity as Lodi Assistant City Attorney; Steven H. Doto, individually and in his capacity as Lodi Assistant City Attorney; Bret A. Stone, individually and in his capacity as Lodi Assistant City Attorney; John R. Till, individually and in his capacity as Lodi Assistant City Attorney; Zevnik, Horton, Guibord and McGovern, LLP, individually and in their capacity as Lodi Assistant City Attorneys; Fran E. Forkas, in his capacity as Enforcing Officer of Lodi Ordinance No. 1650, Defendants-Appellees. Unigard Insurance Company, a Washington corporation; Unigard Security Insurance Company, a Washington corporation, Plaintiffs-Appellants, v. City of Lodi, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed August 6, 2002.

As Amended on Denial of Rehearing and Rehearing October 8, 2002.


Attorney(s) appearing for the Case

Terry J. Houlihan, Bingham McCutchen LLP, San Francisco, California, for plaintiff-appellant Fireman's Fund Insurance Co.

Dennis Zarazoga, Law Offices of Dennis Zarazoga, San Francisco, California, for plaintiffs-appellants Unigard Insurance Company and Unigard Security Insurance Company.

Randall A. Hays, City Attorney, Lodi, California, and Michael C. Donovan and Cecelia C. Fusich, Assistant City Attorneys, Envision Law Group, LLP, Lafayette, California, for the defendants-appellees.

Before: PREGERSON, D.W. NELSON, Circuit Judges and MOSKOWITZ, District Judge.


As Amended on Denial of Rehearing and Rehearing En Banc October 8, 2002.*

PREGERSON, Circuit Judge.

This consolidated appeal of two separate actions requires us to consider the constitutionality of an innovative municipal ordinance enacted by the City of Lodi, California ("Lodi" or "the City") to remedy hazardous waste contamination within its borders. Fireman's Fund Insurance Company...

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