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AMERICAN MOTORISTS INS. CO. v. TRANE CO.

No. 80-2747.

657 F.2d 146 (1981)

AMERICAN MOTORISTS INSURANCE COMPANY, an Illinois corporation, Plaintiff-Appellee, v. The TRANE COMPANY, a Wisconsin corporation, Defendant-Appellant, and Employers Mutual Liability Insurance Company of Wisconsin, et al., Defendants-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided August 19, 1981.

Attorney(s) appearing for the Case

Christian L. Campbell, Sidley & Austin, Chicago, Ill., for defendant-appellant.

Eugene O. Gehl, Brynelson, Herrick, Gehl & Bucaida, Madison, Wis., for defendant-appellee.

Richard P. Ruh, Schlotthauer, Johnson, Mohs, MacDonald & Widder, John F. Jenswold, Jenswold, Studt, Hanson, Clark & Kaufmann, Madison, Wis., for plaintiff-appellee.

Before BAUER, Circuit Judge, NICHOLS, Judge, and WOOD, Circuit Judge.

HARLINGTON WOOD, Jr., Circuit Judge.

This is an appeal from the district court's order realigning the parties to a diversity action for declaratory judgment and dismissing the action for want of subject matter jurisdiction. The issue is whether a finding that one of the defendant insurers shared an interest with the plaintiff insurance company in avoiding liability to the defendant insured necessitates realignment. The district judge held that it does and realigned...

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