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CURTIS-UNIVERSAL v. SHEBOYGAN E.M.S., INC.

No. 94-1858.

43 F.3d 1119 (1994)

CURTIS-UNIVERSAL, INCORPORATED, Plaintiff, v. SHEBOYGAN EMERGENCY MEDICAL SERVICES, INCORPORATED, doing business as Orange Cross; et al., Defendants. FIRST NATIONAL INSURANCE COMPANY OF AMERICA, Intervening Plaintiff-Appellee, v. SHEBOYGAN EMERGENCY MEDICAL SERVICES, INCORPORATED, doing business as Orange Cross, Defendant-Appellant.

United States Court of Appeals, Seventh Circuit.

Decided December 14, 1994.

Rehearing and Suggestion for Rehearing Denied January 12, 1995.

Attorney(s) appearing for the Case

K. Scott Wagner, Hale & Lein, Milwaukee, WI, for Curtis-Universal, Inc.

Craig W. Nelson (argued), Nelson, Dries & Zimmerman, Brookfield, WI, for First Nat. Ins. Co. of America.

Michael Fischer, James T. McKeown (argued), Foley & Lardner, Milwaukee, WI, for Sheboygan Emergency Medical Services, Inc.

Before POSNER, Chief Judge, and CUMMINGS and ENGEL, Circuit Judges.

Rehearing and Suggestion for Rehearing En Banc Denied January 12, 1995.

POSNER, Chief Judge.

We are asked to decide whether an insurance company (First National Insurance Company of America) that has promised to indemnify its insured for liability resulting from the infliction of "advertising injury" has a duty under the law of Wisconsin to defend the insured against a wide-ranging antitrust and tort suit. The district judge held that there was no duty and...

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