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DREIS & KRUMP MFG. CO. v. PHOENIX INS. CO.

No. 76-1355.

548 F.2d 681 (1977)

DREIS & KRUMP MANUFACTURING COMPANY, Plaintiff-Appellee, v. The PHOENIX INSURANCE COMPANY and Travelers Insurance Company, Successor by Merger to the Phoenix Insurance Company, Defendants-Appellants.

United States Court of Appeals, Seventh Circuit.

Decided January 14, 1977.

Rehearing Denied February 25, 1977.

Attorney(s) appearing for the Case

Francis B. Libbe, Gary M. Elden, Samuel Fifer (argued), Chicago, Ill., for defendants-appellants.

Ronald Wilder, Chicago, Ill., for plaintiff-appellee.

Before CASTLE, Senior Circuit Judge, and SPRECHER and WOOD, Circuit Judges.

SPRECHER, Circuit Judge.

This appeal involves the necessity of construing several provisions and definitions in an insurance policy.

Jurisdiction is based upon diversity of citizenship and inasmuch as the insurance policy was apparently executed in Illinois, Illinois law governs and apparently was applied by the district court, but we reconfirm Judge Cummings' request in Carboline Company v. Home Indemnity Company, 522 F.2d 363

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