FILED

NOT FOR PUBLICATION JUL 08 2010

MOLLY C. DWYER, CLERK

UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS

FOR THE NINTH CIRCUIT

FEDERAL INSURANCE COMPANY, No. 09-55906

Plaintiff - Appellee, D.C. No. 3:05-cv-01853-MMA-

LSP

v.

GOLDEN EAGLE INSURANCE MEMORANDUM *

CORPORATION,

Defendant - Appellant.

FEDERAL INSURANCE COMPANY, No. 09-55925

Plaintiff - Appellant, D.C. No. 3:05-cv-01853-MMA-

LSP

v.

GOLDEN EAGLE INSURANCE

CORPORATION,

Defendant - Appellee.

Appeal from the United States District Court for the Southern District of California Michael M. Anello, District Judge, Presiding

* 36 This disposition is not appropriate for publication and is not precedent 37 except as provided by 9th Cir. R. 36-3. Argued and Submitted June 8, 2010 Pasadena, California

Before: TROTT and W. FLETCHER, Circuit Judges, and BREYER, District Judge.**

We affirm for the reasons stated by the district court in the three orders

relevant to this case. Those orders are (1) Order Granting in Part and Denying in

Part Plaintiff’s and Defendant’s Motions for Summary Judgment, dated May 14,

2009; (2) Order Granting Plaintiff’s Motion for Partial Summary Judgment and

Denying Defendant’s Motion for Summary Judgment, dated June 26, 2007; and (3)

Order Denying Defendant’s Motion to Dismiss, dated May 12, 2006.

AFFIRMED.

** The Honorable Charles R. Breyer, United States District Judge for the Northern District of California, sitting by designation.

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