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MARYLAND CAS. CO. v. VONNAHMEN

No. 96-2021.

102 F.3d 277 (1996)

MARYLAND CASUALTY COMPANY, Plaintiff-Appellant, v. Reverend Robert J. VONNAHMEN and Stephen H. McCaffrey, Defendants-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided December 9, 1996.

Rehearing Denied January 2, 1997.

Attorney(s) appearing for the Case

Peter C. Morse, Christine L. Olson (argued), Thomas M. Hamilton, D. Kendall Griffith, Hinshaw & Culbertson, Chicago, IL, and Jeffrey R. Glass, Hinshaw & Culbertson, Belleville, IL, for Plaintiff-Appellant.

Frank N. Gundlach (argued), Thomas B. Weaver, and Lisa M. Wood, Armstrong, Teasdale, Schlafly & Davis, St. Louis, MO, and Jeffrey R. Anderson, Teresa K. Patton, and Mark A. Wendorf, Reinhardt & Anderson, St. Paul, MN, for Defendants-Appellees.

Before CUMMINGS, ESCHBACH and FLAUM, Circuit Judges.

CUMMINGS, Circuit Judge.

In this diversity suit, Maryland Casualty Company sued Father Robert Vonnahmen and Stephen McCaffrey1 to determine whether it had a duty to defend Father Vonnahmen in McCaffrey's 1993 diversity suit2 alleging sexual assault and battery and intentional infliction of emotional distress. Father Vonnahmen tendered his defense to Maryland Casualty which declined to defend him. The district...

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