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CARBOLINE COMPANY v. HOME INDEMNITY COMPANY

No. 74-1936.

522 F.2d 363 (1975)

CARBOLINE COMPANY, a Missouri Corporation, Plaintiff-Appellant, v. The HOME INDEMNITY COMPANY, a New York Insurance Corporation, Defendant-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided August 25, 1975.

Attorney(s) appearing for the Case

Eugene J. Kelley, Jr., Chicago, Ill., for plaintiff-appellant.

Robert S. Soderstrom, Chicago, Ill., for defendant-appellee.

Before FAIRCHILD, Chief Judge, CUMMINGS and TONE, Circuit Judges.

CUMMINGS, Circuit Judge.

In this February 1974 diversity action, plaintiff sought a declaration of rights under three identical insurance policies issued by defendant. Plaintiff contends that these policies provide coverage for a counterclaim and cross-claim against plaintiff in an action pending in the court below.1 The parties filed cross-motions for summary judgment. In an unreported memorandum opinion and judgment order, the district...

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