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AFFILIATED FM INS. v. OWENS-CORNING FIBERGLAS, CORP.

No. 92-4116.

16 F.3d 684 (1994)

AFFILIATED FM INSURANCE COMPANY, Plaintiff-Appellee, v. OWENS-CORNING FIBERGLAS CORPORATION, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided February 14, 1994.

Attorney(s) appearing for the Case

Donald B. Hilliker (argued), William M. Cohn (briefed), Michael M. Marick, Pope & John, Chicago, IL, and H. Buswell Roberts, Jr., Nathan & Roberts, Toledo, OH, for plaintiff-appellee.

Mitchell F. Dolin (argued and briefed), Richard D. Shore, Covington & Burling, Washington, DC and Kevin E. Joyce and William M. Connelly, Connelly, Soutar & Jackson, Toledo, OH, for defendant-appellant.

Before: MERRITT, Chief Judge; and NORRIS and SUHRHEINRICH, Circuit Judges.

SUHRHEINRICH, Circuit Judge.

Affiliated FM Insurance Company ("Affiliated FM") filed suit seeking a declaratory judgment as to its obligations under the insurance policy it issued to Owens-Corning Fiberglas Corporation ("Owens-Corning"). The parties filed cross-motions for summary judgment and the district court granted judgment to Affiliated FM, declaring that Affiliated FM Insurance was not obliged under its policy to pay attorney fees or other defense costs incurred...

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