LUMBERMENS MUTUAL CASUALTY COMPANY, Plaintiff-Appellee, Cross-Appellant,
v.
S-W INDUSTRIES, INC., Defendant-Appellant, Cross-Appellee,
Aetna Casualty & Surety Company; Employers' Liability Assurance Corporation, Ltd.; The Travelers Insurance Company; American Home Assurance Company; National Union Fire Insurance Company; Youell & Companies; J.F. Green & Others; H.S. Weavers Agencies, Ltd.; Underwriters at Lloyds, London, Defendants-Appellees.
United States Court of Appeals, Sixth Circuit.https://leagle.com/images/logo.png
Argued October 4, 1993.
Decided April 7, 1994.
Rehearing and Suggestion for Rehearing Denied April 20, 1994.
Attorney(s) appearing for the Case
Michael E. Brittain (argued and briefed), Richard J. Cusick, Mark Yacano, Calfee, Halter & Griswold, Cleveland, OH, for Lumbermens Mut. Cas. Co.
James R. Jeffery, Teresa L. Grigsby, Spengler, Nathanson, Heyman, McCarthy & Durfee, Toledo, OH, Thomas H. Sear (argued and briefed), Mark E. Klein, A. Thomas Southwick, Anderson, Kill, Olick & Oshinsky, New York City, for S-W Industries, Inc.
Irene C. Keyse-Walker (argued and briefed), Wayne J. Belock, Hugh M. Stanley, Jr., Arter & Hadden, Cleveland, OH, for Aetna Cas. & Sur. Co.
Edwin A. Coy (argued and briefed), Robison, Curphey & O'Connell, Toledo, OH, for Employers' Liability Assur. Corp., Ltd.
Richard M. Kerger, Marshall & Melhorn, Toledo, OH, Susan Simms (briefed), Simpson, Thacher & Bartlett, Columbus, OH, Barry R. Ostrager (argued), Simpson, Thacher & Bartlett, New York City, for The Travelers Ins. Co.
David L. Lester (briefed), Janik, Lester & Dunn, Cleveland, OH, for American Home Assur. Co., National Union Fire Ins. Co.
Stanley H. Solomon, New York City, Rex D. Fiske (briefed), Schell & Schaefer, Toledo, OH, for Youell & Companies.
Stephen A. Schaefer (argued and briefed), Schell & Schaefer, Toledo, OH, for J.F. Green & Others, Underwriters at Lloyds, London.
David Ross (briefed), Clifford C. Masch, Reminger & Reminger, Cleveland, OH, for H.S. Weavers Agencies, Ltd.
Before: RYAN and SUHRHEINRICH, Circuit Judges; and JOINER, Senior District Judge.
United States Court of Appeals, Sixth Circuit.
Rehearing and Suggestion for Rehearing En Banc Denied April 20, 1994.*
SUHRHEINRICH, Circuit Judge, delivered the opinion of the court. RYAN, Circuit Judge (pp. 983-84) and JOINER, Senior District Judge (pp. 984-85), delivered separate opinions concurring in part and dissenting in part.
SUHRHEINRICH, Circuit Judge.
Lumbermens Mutual Casualty Company (Lumbermens) filed suit seeking a declaratory judgment as to its obligations...
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