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BURNHAM SHOES, INC. v. WEST AMERICAN INS. CO.

No. 85-7534.

813 F.2d 328 (1987)

BURNHAM SHOES, INC., Plaintiff-Appellant, v. WEST AMERICAN INSURANCE COMPANY and American Fire and Casualty Company, Defendants-Appellees.

United States Court of Appeals, Eleventh Circuit.

March 27, 1987.

Attorney(s) appearing for the Case

Joel E. Dillard, William J. Baxley, Birmingham, Ala., for plaintiff-appellant.

Robert S. Lamar, Jr., Birmingham, Ala., for defendants-appellees.

Before GODBOLD, and VANCE, Circuit Judges, and THOMAS, Senior District Judge.

VANCE, Circuit Judge:

This court certified to the Supreme Court of Alabama two controlling questions of Alabama Law. Burnham Shoes, Inc. v. West American Insurance Co., 784 F.2d 1531 (11th Cir.1986). The responding opinion of the Supreme Court of Alabama follows as an appendix to this opinion.

Plaintiff-appellant sued its insurer for breach of the insurer's duty to provide a defense in an antitrust suit brought against...

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