MICHIGAN MILK PRODUCERS v. COMMERCIAL U. INS. CO.

No. G76-138 CA1.

493 F.Supp. 66 (1980)

MICHIGAN MILK PRODUCERS ASSOCIATION, a Michigan Corporation, Plaintiff, v. COMMERCIAL UNION INSURANCE COMPANY, a Massachusetts Corporation, Defendant.

United States District Court, W. D. Michigan, S. D.

June 6, 1980.


Attorney(s) appearing for the Case

Philip T. Carter, Foster, Swift & Collins, P. C., Lansing, Mich., for plaintiff.

Neill T. Peters, Fitzgerald, Young, Peters, Dakmak & Bruno, Detroit, Mich., for defendant.


OPINION AND ORDER

DOUGLAS W. HILLMAN, District Judge.

Plaintiff Michigan Milk Producers Association (hereinafter "MMPA") brought this diversity action against defendant Commercial Union Insurance Company (hereinafter "CU") alleging that under Michigan law, excess insurance carriers are liable for a pro-rata share of pre-judgment interest. Jurisdiction is maintained under 28 U.S.C. § 1332. Both sides have...

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