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JALOY MFG. CO. v. UNITED STATES FIDELITY

No. 83-1300.

736 F.2d 1131 (1984)

JALOY MANUFACTURING CO., INC., Plaintiff-Appellee, v. UNITED STATES FIDELITY & GUARANTY CO., Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided June 25, 1984.

Attorney(s) appearing for the Case

Carl J. Marlinga, argued, Bushnell, Gage, Doctoroff, Reizen, Southfield, Mich., for defendant-appellant.

Peter J. Durand, argued, Ralph H. Houghton, Jr., Fischer, Franklin, Ford, Simon & Hogg, Detroit, Mich., for plaintiff-appellee.

Before LIVELY, Chief Judge, EDWARDS, Circuit Judge, and TIMBERS, Senior Circuit Judge.

GEORGE CLIFTON EDWARDS, Jr., Circuit Judge.

Plaintiff-appellee Jaloy Manufacturing Co., Inc., is a corporation doing business in Warren, Michigan. United States Fidelity & Guaranty Co. (USF & G) is a Maryland corporation which insured Jaloy under Michigan's Workmen's Compensation laws. Due to a change in Michigan insurance ratings and USF & G's failure to amend Jaloy's policies, Jaloy claims and USF & G agrees that Jaloy paid $11,308 in excess premium...

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