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DIAMOND SHAMROCK CORP. v. LUMBERMENS MUTUAL CAS. CO.

No. 17522.

416 F.2d 707 (1969)

DIAMOND SHAMROCK CORPORATION and Fireman's Mutual Insurance Company, Plaintiffs-Appellants, v. LUMBERMENS MUTUAL CASUALTY COMPANY, Defendant-Appellee.

United States Court of Appeals Seventh Circuit.

September 16, 1969.

Attorney(s) appearing for the Case

Robert A. Downing, Chicago, Ill., for Diamond Shamrock Corporation.

Lawrence Zelle, Minneapolis, Minn., Leonard M. Ring, Chicago, Ill., for Fireman's Mutual Insurance Company.

Sidley & Austin, Chicago, Ill., Robins, Davis & Lyons, Minneapolis, Minn., of counsel, for appellants.

Donald N. Clausen, James T. Ferrini, Jacob T. Pincus, Chicago, Ill., Clausen, Hirsh, Miller & Gorman, Chicago, Ill., of counsel, for appellee.

Before KILEY and KERNER, Circuit Judges, and MORGAN, District Judge.

ROBERT D. MORGAN, District Judge.

This is an interlocutory appeal from an order dismissing Fireman's Mutual Insurance Company (herein called Fireman's) as a party to an action for declaratory judgment.2

The action is jurisdictionally based on diversity of citizenship and seeks declaratory judgment determining the cause of a casualty loss, as well as final relief by way of money judgment solely in favor of plaintiff Diamond Shamrock...

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