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FIREMAN'S FUND INS. v. WASTE MANAGEMENT OF WIS.

No. 84-3125.

777 F.2d 366 (1985)

FIREMAN'S FUND INSURANCE COMPANY, a California corporation, Plaintiff-Appellant, v. WASTE MANAGEMENT OF WISCONSIN, INC., a Wisconsin corporation, Defendant-Appellee, and Continental Casualty, an Illinois corporation; Commercial Union Insurance Company, a Massachusetts corporation; the Home Indemnity Company, a New Hampshire corporation; Aetna Insurance, a Connecticut corporation; and American Motorists Insurance Company, an Illinois corporation, Defendants.

United States Court of Appeals, Seventh Circuit.

Decided November 18, 1985.

Attorney(s) appearing for the Case

Stephen J. Smirti, Jr., Rivkin, Leff, Sherman & Radler, Garden City, N.Y., for plaintiff-appellant.

John Duncan Varda, DeWitt, Sundby, Huggett, Schumacher & Morgan, Madison, Wis., for defendant-appellee.

Before WOOD and POSNER, Circuit Judges, and WEIGEL, Senior District Judge.

HARLINGTON WOOD, Jr., Circuit Judge.

In this diversity declaratory judgment action there is a residue of issues related to whether a law firm had a conflict of interest in two cases pending in state court. The purported conflict is not itself an issue on appeal since by order of the district court new counsel has now been substituted, and that part of the district court's order has not been appealed.

Background

Two cases are pending in the...

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