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CALIBER ONE INDEM. v. WADE COOK FINANCIAL CORP.

No. 04-35181.

491 F.3d 1079 (2007)

CALIBER ONE INDEMNITY COMPANY, a foreign corporation, Plaintiff-Appellee, v. WADE COOK FINANCIAL CORPORATION, a foreign corporation, Defendant, and Diana K. Carey, Trustee-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed June 22, 2007.

Attorney(s) appearing for the Case

H. Troy Romero and Michael E. Wiggins (argued), Romero Montague P.S., Bellevue, WA, for appellant Wade Cook Financial Corporation.

William A. Pelandini (argued), Melissa O'Loughlin White and Thomas J. Braun, Cozen O'Connor, Seattle, WA, for appellee Caliber One Indemnity Company.

Before: J. CLIFFORD WALLACE, KIM McLANE WARDLAW and RAYMOND C. FISHER, Circuit Judges.

Opinion by Judge FISHER; Partial Concurrence and Partial Dissent by Judge WARDLAW.

FISHER, Circuit Judge:

This case arises from a commercial property insurance policy Plaintiff-Appellee Caliber One Indemnity Company ("Caliber One") issued to the Defendant Wade Cook Financial Corporation ("Cook"). Cook — through its trustee Diana K. Carey — appeals the district court's summary judgment under Washington law that the insurance contract between Cook...

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