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HOSPITAL UNDERWRITING v. SUMMIT HEALTH LTD.

Nos. 93-6609, 94-5031.

63 F.3d 486 (1995)

HOSPITAL UNDERWRITING GROUP, INC., Plaintiff-Appellee, Cross-Appellant, v. SUMMIT HEALTH LTD., Defendant-Appellee, Sarahmarge Crigler, Defendant-Appellant, Cross-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided August 29, 1995.

Rehearing Denied September 19, 1995.

Attorney(s) appearing for the Case

Jay S. Bowen (argued and briefed), Bass, Berry & Sims, Nashville, TN, for plaintiff-appellee, cross-appellant.

Ames Davis (argued), Joseph A. Woodruff (briefed), Waller, Lansden, Dortch & Davis, Nashville, TN, for defendant-appellee.

Daniel P.J. Miller (argued and briefed), Kenneth L. Tucker, Kenneth L. Tucker & Associates, Phoenix, AZ, for defendant-appellant, cross-appellee.

Before: JONES, CONTIE, and BATCHELDER, Circuit Judges.

BATCHELDER, J., delivered the opinion of the court, in which CONTIE, J., joined. JONES, J., concurred in the judgment.

BATCHELDER, Circuit Judge.

In this case of "Let's you and him fight," the trial court has been diverted from the real issues of the declaratory judgment action. Hospital Underwriting Group, Inc. ("HUG") filed this action against Summit Health Ltd. ("Summit"), seeking to establish that it has no liability under an excess insurance policy for...

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