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PERINI CORPORATION v. ORION INSURANCE CO.

Civ. No. S-2023.

331 F.Supp. 453 (1971)

PERINI CORPORATION et al., Plaintiffs, v. ORION INSURANCE CO. Ltd., et al., Defendants.

United States District Court, E. D. California.

September 14, 1971.

Attorney(s) appearing for the Case

Changaris, Trezza, Ithurburn, Keeley & Steidlmayer, Yuba City, Cal., Frank McDowell, Thelen, Marrin, Johnson & Bridges, San Francisco, Cal., for plaintiffs.

John F. Downey, Joseph S. Genshlea, Downey, Brand, Seymour & Rohwer, Sacramento, Cal., for defendants.

MEMORANDUM AND ORDER

MacBRIDE, Chief Judge.

This is an action for breach of an insurance contract brought by the insureds to recover damages in excess of $9 million. Although originally commenced in a state tribunal, it was removed to this Court on the basis of diversity of citizenship. See 28 U.S.C. §§ 1332, 1441. The question now to be decided is whether the following "service of suit" clause in the policy requires the action to be remanded to...

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