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ALLSTATE INS. CO. v. HUGHES

No. 02-35582, 02-35825.

346 F.3d 952 (2003)

Allstate Insurance Company, an Illinois corporation, Plaintiff-Appellant, v. Devon Hughes; Penny Hughes, and the marital community composed thereof; Devon Hughes Construction, a Washington sole-proprietorship; Phil's Painting, a Washington sole-proprietorship, Defendants-Appellees. Allstate Insurance Company, an Illinois corporation, Plaintiff-Appellant, v. Devon Hughes; Penny Hughes, and the marital community composed thereof; Devon Hughes Construction, a Washington sole-proprietorship; Phil's Painting, a Washington sole-proprietorship, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed October 8, 2003.

Attorney(s) appearing for the Case

Melissa O'Loughlin White and Jodi A. McDougall, Cozen O'Connor, Seattle, Washington, for the plaintiffs-appellants.

Mark R. Fahrenkrug, Knowles Ferguson PLLC, Seattle, Washington, for the defendants-appellees.

Before: Michael Daly Hawkins and Marsha S. Berzon, Circuit Judges, and Justin L. Quackenbush, Senior District Judge.

Argued and Submitted September 11, 2003 — Seattle, Washington.

OPINION

QUACKENBUSH, Senior District Judge:

This is a subrogation action by the fire insurance carrier arising out of the destruction by fire of a Seattle-area residence. Plaintiff, Allstate Insurance Company ("Allstate"), appeals from the March 11, 2002 Order of the District Court of the Western District of Washington granting defendants, Devon and Penny Hughes' and Devon Hughes...

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