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NATIONWIDE INS. v. BD. TRUSTEES OF UNIV. OF ILL.

Nos. 96-1109, 96-1720.

116 F.3d 1154 (1997)

NATIONWIDE INSURANCE, Plaintiff-Appellee, v. BOARD OF TRUSTEES OF THE UNIVERSITY OF ILLINOIS and Aleck Zavalis, Defendants-Appellants.

United States Court of Appeals, Seventh Circuit.

Decided June 19, 1997.

Attorney(s) appearing for the Case

Ralph Swanson (submitted on brief), Sebat, Swanson, Banks, Garman & Townsley, Danville, IL, for plaintiff-appellee.

John E. Cassidy, III, Cassidy & Mueller, Peoria, IL, for Board of Trustees of the University of Illinois.

Lorna K. Geiler, Meyer, Capel, Hirschfeld, Muncy, Jahn & Aldeen, Champaign, IL, for Southwest Recreational Industries, Inc.

J. Steven Beckett, Holly F. Clemons, Beckett & Webber, Urbana, IL, for Aleck Zavalis.

Before CUMMINGS, FLAUM, and ROVNER, Circuit Judges.

ILANA DIAMOND ROVNER, Circuit Judge.

Sometimes common sense prevails, even in the law. This is one of those occasions.

This case returns to us following a remand to the district court. Nationwide Insurance sought a declaratory judgment that it need not defend or indemnify its insured, Aleck Zavalis, in an Illinois state court suit filed by the Trustees of the University of Illinois after Zavalis and two other students set fire to the Astroturf in the football...

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