HIGHLANDS INS. CO. v. LEWIS RAIL SERVICE CO.

No. 93-1034.

10 F.3d 1247 (1993)

HIGHLANDS INSURANCE COMPANY, Plaintiff-Appellant, v. LEWIS RAIL SERVICE COMPANY, Defendant-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided October 29, 1993.


Attorney(s) appearing for the Case

Robert J. Bates, Jr., Frank A. Citera (argued), William M. Cohn, Pope & John, Chicago, IL, plaintiff-appellant.

John B. Cashion (argued), Chicago, IL, for defendant-appellee.

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


ESCHBACH, Senior Circuit Judge.

In this diversity action, Highlands Insurance Company ("Highlands") sued Lewis Rail Service Corporation ("Lewis") pursuant to the Declaratory Judgment Act, 28 U.S.C. § 2201, for a declaration that Highlands, Lewis' excess insurance carrier, owed no coverage for claims under the Federal Employers' Liability Act, 45 U.S.C. § 51 et seq., arising from injury to Lewis' employee, Robert Lewellyn, who recovered almost $2 million...

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