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INLAND WATERS POLLUTION CONTROL v. NATIONAL UNION FIRE INS. CO.

No. 92-1450.

997 F.2d 172 (1993)

INLAND WATERS POLLUTION CONTROL, INC., Plaintiff-Appellant, v. NATIONAL UNION FIRE INSURANCE COMPANY, Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided June 24, 1993.

Attorney(s) appearing for the Case

Mark S. Demorest (argued and briefed), Hainer & Demorest, Troy, MI, for plaintiff-appellant.

Sheldon G. Karasik (argued and briefed), Edward Hayum, Sheft & Sweeney, New York City, Frances A. Rosinski, Frances A. Rosinski, Timmis & Inman, Detroit, MI, for defendant-appellee.

Before: KENNEDY and MILBURN, Circuit Judges; and KRUPANSKY, Senior Circuit Judge.

MILBURN, Circuit Judge.

Plaintiff Inland Waters Pollution Control, Inc. ("Inland Waters"), appeals the district court's grant of summary judgment for defendant, National Union Fire Insurance Company of Pittsburgh, Pennsylvania ("National Union"), in this diversity action on various insurance contracts. The principal issue on appeal is whether the district court erred in applying the "loss in progress" doctrine so as to find National Union not liable on the insurance...

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