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TOWN OF SOUTH WHITLEY v. CINCINNATI INS. CO.

No. 89-3623.

921 F.2d 104 (1990)

TOWN OF SOUTH WHITLEY, WHITLEY COUNTY, INDIANA, Plaintiff-Appellant, v. CINCINNATI INSURANCE COMPANY, Defendant-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided December 26, 1990.

Attorney(s) appearing for the Case

J. Frank Kimbrough, Wilks & Kimbrough, Fort Wayne, Ind., for plaintiff-appellant.

Thomas C. Ewing, James J. Shea, Hunt, Suedhoff, Borror & Eilbacher, Fort Wayne, Ind., for defendant-appellee.

Before POSNER, MANION and KANNE, Circuit Judges.

MANION, Circuit Judge.

The plaintiff, Town of South Whitley (South Whitley), sought declaratory relief in a diversity action against the defendant Cincinnati Insurance Company (CIC). South Whitley asked that CIC be required to indemnify South Whitley under the terms of an insurance contract for any judgment and costs imposed by a court in the event South Whitley was held liable in a pending age discrimination suit filed against it. The district court granted CIC's...

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