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PIPEFITTERS WELFARE EDUC. FUND v. WESTCHESTER FIRE

No. 91-3285.

976 F.2d 1037 (1992)

PIPEFITTERS WELFARE EDUCATIONAL FUND, a Missouri employee benefits fund, Plaintiff-Appellant, v. WESTCHESTER FIRE INSURANCE COMPANY, a New York corporation, and International Insurance Company, an Illinois corporation, Defendants-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided September 28, 1992.

Attorney(s) appearing for the Case

David Herndon, Charles V. Marshall, Lakin & Herndon, Wood River, Ill., John H. Goffstein, Bartley & Goffstein, Clayton, Mo., and Thomas J. Wilcox, James T. Price (argued), and Mark A. Thornhill, Spencer, Fane, Britt & Browne, Kansas City, Mo., for plaintiff-appellant.

John S. Sandberg, Rodney M. Sharp, Sandberg, Phoenix & Vongontard, St. Louis, Mo., and Lawrence M. McHeffey (argued), and Margaret F. Catalano, McElroy, Deutsch & Mulvaney, Morristown, N.J., for defendants-appellees.

Thomas W. Brunner, Robert B. Bell, and Nancy J. Lemay, Wiley, Rein & Fielding, Washington, D.C., for amicus curiae.

Before FLAUM and KANNE, Circuit Judges, and FAIRCHILD, Senior Circuit Judge.

FLAUM, Circuit Judge.

Pipefitters Welfare Educational Fund (Pipefitters) brought this diversity suit seeking, among other things, a declaration of its rights under two liability insurance policies purchased from International Insurance Company (International) and Westchester Fire Insurance Company (Westchester). The district court, on the parties' cross motions for summary judgment, ruled that the insurers had no duty to defend or indemnify Pipefitters for any losses...

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