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EMPLOYERS' LIABILITY ASSURANCE CORP. v. ENOS COAL CORP.

No. 18983.

457 F.2d 402 (1972)

EMPLOYERS' LIABILITY ASSURANCE CORPORATION, Limited, Plaintiff-Appellant, v. ENOS COAL CORPORATION, Defendant-Appellee.

United States Court of Appeals, Seventh Circuit.

March 15, 1972.

Attorney(s) appearing for the Case

Robert H. Hahn, Evansville, Ind., for plaintiff-appellant; Bamberger, Foreman, Oswald & Hahn, Evansville, Ind., of counsel.

Carl M. Gray, Marvin D. Stratton, Petersburg, Ind., for defendant-appellee; Gray & Waddle, Petersburg, Ind., of counsel.

Before HASTINGS, Senior Circuit Judge, and STEVENS, and SPRECHER, Circuit Judges.

HASTINGS, Senior Circuit Judge.

Employers' Liability Assurance Corporation, Limited brought this diversity action against its insured, Enos Coal Corporation, pursuant to Title 28 U.S.C.A. § 2201, for a declaratory judgment in a controversy concerning the rights and obligations of the parties under a coal mine liability policy issued by Employers to Enos. Employers sought a declaration that the insurance policy did not extend coverage to an accident which occurred...

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