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MOTOR VEHICLE CAS. CO. v. RUSSIAN, ETC.

Nos. C-81-3523 SW, C-81-3598 SW.

538 F.Supp. 488 (1981)

MOTOR VEHICLE CASUALTY COMPANY, an Illinois corporation, Insurance Company of North America, a Pennsylvania corporation, and Employers Insurance of Wausau, an English corporation, Plaintiffs, v. RUSSIAN RIVER COUNTY SANITATION DISTRICT, et al., Defendants. CITIZENS UTILITIES COMPANY OF CALIFORNIA, Plaintiff, v. RUSSIAN RIVER COUNTY SANITATION DISTRICT, Defendant. RUSSIAN RIVER COUNTY SANITATION DISTRICT, Cross-Complainant, v. James M. MONTGOMERY, Consulting Engineers, Inc., a California corporation, et al., Cross-Defendants.

United States District Court, N. D. California.

December 17, 1981.

Attorney(s) appearing for the Case

R. Richard Audley, Audley & Pandullo, San Francisco, Cal., for Motor Vehicle Cas. Co.

Jerome F. Downs, Thornton, Taylor & Downs, San Francisco, Cal., for Ins. Co. of North America.

John D. Shuff, Robins, Zelle, Larson & Kaplan, Newport Beach, Cal., for Employers of Wausau Ins. Co.

J. Michael Higginbotham, Maurer, Higginbotham & Harris, San Francisco, Cal., for defendant James M. Montgomery, Consulting Engineers, Inc.

Larry D. Dingus, Randall M. Smith, Dingus, Haley & Holderness, San Francisco, Cal., for Fireman's Fund Ins. Co.

Lempres & Wulfsberg, Professional Corp., Oakland, Cal., for Russian River County Sanitation Dist.

ORDER REMANDING ACTION C-81-3598 AND DISMISSING ACTION C-81-3523 WITHOUT PREJUDICE

SPENCER WILLIAMS, District Judge.

INTRODUCTION

These actions arise from a complicated series of transactions relating to the installation of a new wastewater collection system in the Russian River Sanitation District. As the caption to these related cases reveals, the claims surrounding the allegedly defective sewer system...

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