TRUSTEES OF CENT. STATES HLTH. & WELF. FUND v. STATE FARM MUTUAL AUTO. INS. CO.

Nos. 93-1453, 93-1516.

17 F.3d 1081 (1994)

Trustees of the CENTRAL STATES, SOUTHEAST AND SOUTHWEST AREAS HEALTH AND WELFARE FUND, Plaintiff-Appellant, v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, State Farm Fire and Casualty Insurance Company and State Farm General Insurance Company, Defendants-Appellees. CENTRAL STATES, SOUTHEAST AND SOUTHWEST AREAS HEALTH AND WELFARE FUND, an Illinois Trust, Plaintiff-Appellee, v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY and State Farm Fire and Casualty Insurance Company, Defendants-Third/Party Plaintiffs-Appellants, v. TRINIDAD ORTEGA, Individually, and as Guardian of Gabino Ortega, a minor, Ronald Willis, and Seymour Fishman, Third/Party Defendants-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided March 7, 1994.

Rehearing and Suggestion for Rehearing Denied April 20, 1994.


Attorney(s) appearing for the Case

James L. Coghlan (argued), John A. Kukankos, Anita M. D'Arcy, Julia A. Bruckner, Elizabeth A. Longo, Coghlan, Joyce, Kukankos & D'Arcy, Chicago, IL, for Central States, Southeast and Southwest Areas Health and Welfare Fund.

James J. Hoffnagle, Frank C. Stevens, John R. Adams (argued), Taylor, Miller, Sprowl, Hoffnagle & Merletti, Chicago, IL, for State Farm Mut. Auto. Ins. Co., State Farm Fire and Cas. Ins. Co., and State Farm General Ins. Co.

Michael T. Mullen, John C. Mullen, Christopher Mullen, Mary R. Minella, Mullen & Minella, Chicago, for Ronald Willis.

Before GIBSON, COFFEY and RIPPLE, Circuit Judges.


Rehearing and Suggestion for Rehearing In Banc Denied April 20, 1994.

COFFEY, Circuit Judge.

The Trustees of the Central States, Southeast and Southwest Areas Health and Welfare Fund appeal the grant of summary judgment in favor of State Farm Mutual Automobile Insurance Company, State Farm Fire and Casualty, and State Farm General Insurance Company ("State Farm"). State Farm cross-appeals the denial of its motion for leave to file a third-party complaint....

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