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THOELE v. AETNA CAS. & SUR.

No. 93-4068.

39 F.3d 724 (1994)

Calvin THOELE, Plaintiff, v. AETNA CASUALTY & SURETY, Defendant-Counterdefendant-Appellee, v. Michael and Elvera KANAK, individually and as husband and wife and as parents and natural guardians of Angela Kanak, a minor, Counterplaintiffs-Appellants.

United States Court of Appeals, Seventh Circuit.

Decided October 28, 1994.

Attorney(s) appearing for the Case

Ray Freeark, Jeffery A. Cain (argued), Randy Wuller, Freeark, Harvey, Mendillo, Dennis, Wuller & Buser, Belleville, IL, for plaintiffs-appellants.

D. Kendall Griffith, Kristin E. Hutson (argued), Hinshaw & Culbertson, Chicago, IL, Dawn A. Sallerson, Hinshaw, Culbertson, Moelmann, Hoban & Fuller, Eugine C. Menges, St. Clair County Atty., Belleville, IL, for defendant-appellee.

Before POSNER, Chief Judge, and CUDAHY and ROVNER, Circuit Judges.

ILANA DIAMOND ROVNER, Circuit Judge.

Calvin Thoele administered emergency care to a choking child left in his wife Sharon's care. The child's parents sued Mr. Thoele for permanent injuries she allegedly sustained as the result of his efforts. Mr. Thoele in turn brought this suit seeking a declaration that these injuries fell within the coverage of his homeowner's insurance policy. The district court concluded that the child's injuries arose from the business pursuits...

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