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LEVEL 3 COMMUNICATIONS, INC. v. FEDERAL INS. CO.

No. 98-2094.

168 F.3d 956 (1999)

LEVEL 3 COMMUNICATIONS, INC., Plaintiff-Appellant, v. FEDERAL INSURANCE COMPANY and Pacific Insurance Company, Defendants-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided February 16, 1999.

Attorney(s) appearing for the Case

Brian D. Sieve (argued), Brett A. Bakke, Kristine L. Anderson, Kirkland & Ellis, Chicago, IL, for Level 3 Commmunications, Inc.

Jonathan A. Constine (argued), Hogan & Hartson, Washington, DC, for Federal Insurance Co.

David L. Koury, Peterson & Ross, Chicago, IL, for Pacific Insurance Co.

Before POSNER, Chief Judge, and BAUER and EVANS, Circuit Judges.

POSNER, Chief Judge.

This diversity suit, governed by Nebraska law (though no peculiarities of that law bear on the case), seeks $14 million in damages for breach of a contract of directors' and officers' liability insurance. Peter Kiewit Sons', Inc. was sued along with one of its directors in 1994 by six (two others joined later, making eight) of its minority shareholders for securities fraud and related torts. Kiewit's successor seeks through the present suit, which...

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