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OMAHA PROPERTY AND CAS. INS. CO. v. JOHNSON

Nos. 90-5277, 90-5415.

923 F.2d 446 (1991)

OMAHA PROPERTY AND CASUALTY INSURANCE COMPANY, Plaintiff-Appellee, v. Comer Bernard JOHNSON, Comer Burkehart Johnson, Diane E. Cross, Corky L. Cross and Matthew Moss, Defendants-Appellants.

United States Court of Appeals, Sixth Circuit.

Decided January 11, 1991.

Rehearing and Rehearing Denied April 1, 1991.

Attorney(s) appearing for the Case

Harry Weill (argued), Weiss & Weiss, Chattanooga, Tenn., for Omaha Property and Cas. Ins. Co.

Paul W. Sorrick, Jr., Sorrick, Guthrie & Guthrie and Thomas H. O'Neal and Joseph T. Walker (argued), O'Neal & Walker, Chattanooga, Tenn., for Comer Bernard Johnson, Comer Burkehart Johnson, Diane E. Cross, Corky L. Cross, and Matthew Moss.

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

Rehearing and Rehearing En Banc Denied April 1, 1991.

MERRITT, Chief Judge.

Based on our earlier decisions in Grand Trunk Western Railroad Company v. Consolidated Rail Corporation, 746 F.2d 323 (6th Cir.1984), and Allstate Insurance Co. v. Mercier, 913 F.2d 273 (6th Cir.1990), and the Supreme Court's decision in Green v. Mansour, 474 U.S. 64

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