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PRUDENTIAL INS. CO. OF AMERICA v. L.A. MART

No. 93-56662.

68 F.3d 370 (1995)

PRUDENTIAL INSURANCE COMPANY OF AMERICA, Plaintiff-Appellant, v. The L.A. MART, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided October 20, 1995.

Attorney(s) appearing for the Case

Ira G. Rivin, Rutan & Tucker, Costa Mesa, California, for plaintiff-appellant.

Bruce G. Merritt, Debevoise & Plimpton, Los Angeles, California, for defendant-appellee.

Before: FLETCHER, BRUNETTI, and T.G. NELSON, Circuit Judges.

T.G. NELSON, Circuit Judge:

Prudential Insurance Company of America ("Prudential") appeals the district court's summary judgment for the L.A. Mart ("L.A. Mart"), in Prudential's diversity action for declaratory relief establishing the parties' duties to pay the costs of seismic upgrading undertaken by Prudential upon the "Mart Building," a commercial structure owned by Prudential and leased to L.A. Mart. Prudential maintains that the net lease ("the Lease") places...

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