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GRANITE STATE INS. CO. v. DEGERLIA

Nos. 90-1843, 90-1844.

925 F.2d 189 (1991)

GRANITE STATE INSURANCE COMPANY, Plaintiff-Appellee, v. Gerald A. DEGERLIA and Linda Deerhake, Special Administrator of the Estate of Kevin Deerhake, deceased, Defendants-Appellants.

United States Court of Appeals, Seventh Circuit.

Decided February 14, 1991.

Attorney(s) appearing for the Case

Terrence J. Goggin, Mark R. Misiorowski, Goggin, Cutler & Hull, Chicago, Ill., William J. Selinsky, Randall Phillips, Ronald Olzmann, Marilyn A. Madorsky, Marc Shaberman, Provizer, Lichtenstein, Pearlman & Phillips, Southfield, Mich., for Granite State Ins. Co.

Robert S. Forbes, Philip B. Alfeld, Phillip J. Kardis, Kardis, Forbes & Alfeld, Alton, Ill., Terry N. Brown, Belleville, Ill., for Gerald A. Degerlia.

Bernard J. Ysursa, Cook, Shevlin, Keefe & Ysursa, Belleville, Ill., for Linda Deerhake, Special Administrator of the Estate of Kevin Deerhake, deceased.

Before BAUER, Chief Judge, WOOD, Jr., Circuit Judge, and ESCHBACH, Senior Circuit Judge.

HARLINGTON WOOD, Jr., Circuit Judge.

On July 27, 1980, patrons gathered at the DuQuoin State Fairgrounds ("Fairgrounds") in DuQuoin, Illinois, for a motorcycle race sponsored by the American Motorcycle Association ("AMA"). The sponsored race was canceled due to inclement weather, but many of the patrons remained to either watch or participate in the unsponsored and unauthorized "racing or stunting" of motorcycles. That activity ended tragically when a motorcycle accident...

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