Lassen Canyon Nursery, Inc. v. Royal Insurance Company Of America

720 F.2d 1016 LASSEN CANYON NURSERY, INC., Plaintiff-Appellant, v. ROYAL INSURANCE COMPANY OF AMERICA (formerly Royal Globe Insurance Co.), National Union Fire Insurance Company of Pittsburgh, Pa., and Does I-X, inclusive, Defendants-Appellees. No. 81-4602. United States Court of Appeals, Ninth Circuit. Argued and Submitted Dec. 14, 1982. Decided Sept. 23, 1983. Michael F. Kelley, Furth, Fahrner, Bluemle & Mason, San Francisco, Cal., for plaintiff-appellant. Cynthia H. Plevin, Sedgwick, Detert, Moran & Arnold, David W. Gordon, Bronson, Bronson & McKinnon, San Francisco, Cal., for defendants-appellees. Appeal from the United States District Court for the Northern District of California. Before ANDERSON, HUG, and NORRIS, Circuit Judges. J. BLAINE ANDERSON, Circuit Judge: 1 Plaintiff Lassen (insured) appeals from summary judgment in favor of defendants Royal and National (insurers). The district court held that neither insurer had a duty to defend Lassen in a suit alleging violation of federal anti-trust law (the underlying litigation). We affirm. 2 As there are no material issues of fact, the only question for review is whether defendants prevail as a matter of law.…