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USF & G v. GEORGE W. WHITESIDES CO., INC.

No. 90-5965.

932 F.2d 1169 (1991)

UNITED STATES FIDELITY AND GUARANTY COMPANY, Plaintiff-Appellee, v. GEORGE W. WHITESIDES COMPANY, INC., Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided May 14, 1991.

Attorney(s) appearing for the Case

Larry Deener, Benjamin Cowgill, Jr. (argued), Landrum & Shouse, Lexington, Ky., for plaintiff-appellee.

Victor L. Baltzell, Jr. (argued), Miller, Mosley, Clare & Townes, Louisville, Ky., for defendant-appellant.

Thomas Brunner, Washington, D.C., for Ins. Environmental Litigation Ass'n (IELA), amicus curiae.

Before NELSON and NORRIS, Circuit Judges, and LIVELY, Senior Circuit Judge.

ALAN E. NORRIS, Circuit Judge.

Defendant, George W. Whitesides Company, appeals the district court's grant of summary judgment to plaintiff, United States Fidelity & Guaranty Company (USF & G). In this diversity action, USF & G sought a declaration that it was not required by the terms of its liability insurance policy to defend or indemnify Whitesides as the result of any claims asserted against Whitesides by the United States or the State of Kentucky...

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