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INTERNATIONAL SURPLUS LINES INSURANCE COMPANY v. ANDERSON DEVELOPMENT COMPANY

No. 87-2102.

901 F.2d 1368 (1990)

INTERNATIONAL SURPLUS LINES INSURANCE COMPANY, Plaintiff-Appellee, v. ANDERSON DEVELOPMENT COMPANY, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided May 7, 1990.

Attorney(s) appearing for the Case

Bruce T. Wallace, Charles W. Borgsdorf (argued), Ann Arbor, Mich., for plaintiff-appellee.

Webb A. Smith, Foster, Swift, Collins and Coey, P.C., Charles E. Barbieri (argued), Lynn K. Richardson, Lansing, Mich., for defendant-appellant.

Thomas W. Brunner, Laura A. Foggan, Leslie J. Cloutier, Wiley, Rein & Fielding, Washington, D.C., Thomas T. Terp, Thomas C. Hill, Taft, Stettinius & Hollister, Cincinnati, Ohio, William F. Greaney, Covington & Burling, Washington, D.C., for amicus curiae.

Before WELLFORD and BOGGS, Circuit Judges; and McQUADE, District Judge.

WELLFORD, Circuit Judge.

The original panel of this court to hear this case included The Honorable Richard B. McQuade, Jr., a district court judge who resigned his position before a majority opinion could be molded. The author of this opinion was of the view that the decision of the district court in this case should be reversed and remanded following the rationale of Jonesville Products, Inc. v. Transamerica Ins. Group, 156 Mich.App. 508...

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