Travelers Casualty v. PG&E

Filing 920080507


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FOR PUBLICATION UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT TRAVELERS CASUALTY AND SURETY COMPANY, Appellant, v. PACIFIC GAS AND ELECTRIC COMPANY, Appellee. No. 04-15605 D.C. No. CV-03-03499-PJH Northern District of California, San Francisco ORDER On Remand From The United States Supreme Court Filed May 8, 2008 Before: Stephen Reinhardt and Sidney R. Thomas, Circuit Judges, and Jane A. Restani,* Judge. ORDER This case is hereby resubmitted. Pursuant to the judgment of the United States Supreme Court issued on March 20, 2007 in Travelers Casualty & Surety Co. of America v. Pacific Gas & Electric Co., ___ U.S. ___, 127 S.Ct. 1199, 167 L.Ed.2d 178 (2007), we vacate our disposition at 167 Fed.Appx. 593 (9th Cir. 2006), vacate the district court's decision as well as the bankruptcy court's decision, and remand to the district court with instructions to remand to the bankruptcy court for further proceedings consistent with the opinion of the Supreme Court. *The Honorable Jane A. Restani, Chief Judge, United States Court of International Trade, sitting by designation. 5085 5086 TRAVELERS CASUALTY AND SURETY v. PG&E We do not reach any issue presented by the parties, leaving those questions for the consideration of the bankruptcy court in the first instance. PRINTED FOR ADMINISTRATIVE OFFICE--U.S. COURTS BY THOMSON REUTERS/WEST--SAN FRANCISCO The summary, which does not constitute a part of the opinion of the court, is copyrighted 2008 Thomson Reuters/West.

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