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WESTERN STATES INS. CO. v. WISCONSIN WHOLESALE TIRE

No. 97-3918.

148 F.3d 756 (1998)

WESTERN STATES INSURANCE COMPANY and United Security Insurance Company, Plaintiffs-Appellees, v. WISCONSIN WHOLESALE TIRE, INCORPORATED, Defendant, Third-Party Plaintiff-Appellant, v. Richard FRIEDENBERG, Klafter Insurance Company, doing business as Degeus & Klafter, and ABC Insurance Company, Third-Party Defendants-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided June 22, 1998.

Attorney(s) appearing for the Case

Carolyn J. Jones (argued), Ian M. Sherman, Rooks, Pitts, & Poust, Chicago, IL, for Plaintiffs-Appellees.

James E. Culhane (argued), Davis & Kuelthau, Milwaukee, WI, for Defendant-Appellant Wisconsin Wholesale Tire, Inc.

Before COFFEY, EASTERBROOK and ROVNER, Circuit Judges.

PER CURIAM.

After being sued in Wisconsin state court by MITA Enterprises, Inc. ("MITA"), Wisconsin Wholesale Tire, Inc. ("Wisconsin Tire") agreed to pay $100,000 in settlement of MITA's claim. Wisconsin Tire then sought to recover that amount along with defense costs from its insurers, who responded with this declaratory judgment action under the diversity jurisdiction. On cross-motions for summary judgment, the district court found that Wisconsin Tire was not covered...

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