Summary
finding no duty to defend sexual harassment case that included claims of negligence and defamation under intentional act exclusion since non-harassment claims were "`inseparable'" from intentional harassment conduct
Summary of this case from Smith v. Animal Urgent CareOpinion
Editorial Note:
This opinion appears in the Federal reporter in a table titled "Table of Decisions Without Reported Opinions". (See FI CTA9 Rule 36-3 regarding use of unpublished opinions)
Before FERGUSON, BEEZER and TASHIMA, Circuit Judges.
ORDER OF DISMISSAL
The court has reviewed a stipulation for voluntary dismissal of appeal and underlying district court action filed herein on January 11, 1999. The court approves the stipulation and in accordance with its terms, it is, now
ORDERED that the above-captioned appeal is hereby dismissed with prejudice and each party shall bear their own costs and attorneys' fees. It is further,
ORDERED that the clerk of this court shall issue the mandate forthwith and send the same to the clerk of the district court together with a certified copy of this order and a certified copy of the stipulation filed by the parties on January 11, 1999.