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NATIONWIDE MUT. FIRE INS. CO. v. WILLENBRINK

No. 90-5604.

924 F.2d 104 (1991)

NATIONWIDE MUTUAL FIRE INSURANCE COMPANY, Plaintiff-Appellant, v. Mary Grace WILLENBRINK, Administratrix for the Estate of Paul J. Willenbrink, III; Charles T. Walz, Jr.; Larry D. Tincher; and Mary L. Lippert, Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided January 22, 1991.

Attorney(s) appearing for the Case

Wayne J. Carroll (argued), Edward H. Bartenstein, MacKenzie & Peden, Louisville, Ky., for plaintiff-appellant.

Brian K. Darling (argued), Louisville, Ky., Douglas E. Miller, Miller & Durham, Radcliff, Ky., George M. Streckfus (argued), Segal & Shanks, Louisville, Ky., for defendants-appellees.

Before MERRITT, Chief Judge, JONES, Circuit Judge and WELLFORD, Senior Circuit Judge.

MERRITT, Chief Judge.

Based on the concerns set out in our earlier decisions in Grand Trunk Western Railroad v. Consolidated Rail Corp., 746 F.2d 323 (6th Cir.1984), Allstate Insurance Co. v. Mercier, 913 F.2d 273 (6th Cir.1990), and Omaha Property and Casualty Co. v. Johnson, 923 F.2d 464 (6th Cir.1991), we remand this diversity insurance coverage...

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