Zacky Farms v. Central Nat. Ins. Co. of Omaha

92 F.3d 1195 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. ZACKY FARMS, a California corporation, Plaintiff-Appellant, v. CENTRAL NATIONAL INSURANCE COMPANY OF OMAHA, a Nebraska corporation, Defendant, and Continental Insurance Company, a New Hampshire corporation, Defendant-Appellee. No. 95-15046. United States Court of Appeals, Ninth Circuit. Argued and Submitted July 9, 1996. Decided Aug. 2, 1996. Appeal from the United States District Court, for the Eastern District of California, DC No. CV-93-05599-OWW; Oliver W. Wanger, District Judge, Presiding. E.D.Cal. AFFIRMED. Before: WOOD, Jr., * CANBY and RYMER, Circuit Judges. 1 MEMORANDUM ** 2 Zacky Farms appeals the district court's grant of summary judgment for defendant Continental Insurance Co. in this declaratory action. Zacky Farms sought a determination that Continental, its insurer, was required to defend Zacky Farms in an underlying state action. The district court had diversity jurisdiction over this case…