ALLSTATE INS. CO. v. EMPLOYERS LIABILITY ASSUR. CORP.

No. 31068.

445 F.2d 1278 (1971)

ALLSTATE INSURANCE COMPANY, an Illinois corporation, Plaintiff-Appellee, v. The EMPLOYERS LIABILITY ASSURANCE CORP., Ltd., Defendant-Appellant and United States Fidelity and Guaranty Co., Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied August 3, 1971.

On Motion to Amend and to Reconsider August 25, 1971.


Attorney(s) appearing for the Case

James E. Tribble, Paul R. Larkin, Jr., Carey, Dwyer, Austin, Cole & Selwood, Blackwell, Walker & Gray, Miami, Fla., Henry J. Whelchel, Miami, Fla., for appellants.

Adams, George & Wood, Edward A. Perse, David L. Willing, George E. Bunnell, Miami, Fla., for Allstate Ins. Co.

Before JOHN R. BROWN, Chief Judge, and COLEMAN and CLARK, Circuit Judges.


CLARK, Circuit Judge:

In one of those ordinary extraordinary bits of diversity mysticism, we must perform the occult multiple feats of divining whether the district court correctly predicted what a Florida court would determine an Illinois court would decide on a question which the courts of Illinois have not yet squarely faced. Allstate Insurance Company (Allstate) brought this declaratory judgment action seeking a legal interpretation of the frequently conflicting...

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