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BLAINE CONST. CORP. v. INS. CO. OF NORTH AMERICA

Nos. 97-5579, 97-5636.

171 F.3d 343 (1999)

BLAINE CONSTRUCTION CORPORATION, Plaintiff-Appellant/Cross-Appellee, v. INSURANCE COMPANY OF NORTH AMERICA, Defendant-Appellee/Cross-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided March 8, 1999.

Rehearing and Suggestion for Rehearing Denied April 12, 1999.

Attorney(s) appearing for the Case

Monty L. Walton (argued and briefed), Woolf, McClane, Bright, Allen & Carpenter, Knoxville, Tennessee, for Plaintiff-Appellant/Cross-Appellee.

Edward M. Kay (briefed), Sava A. Vojcanin, Imelda Terrazino (argued), Clausen, Miller, Gorman, Caffrey & Witous, Chicago, Illinois; David N. Wedekind (briefed), Hodges, Doughty & Carson, Knoxville, Tennessee, for Defendant-Appellee/Cross-Appellant.

Before: NELSON, BOGGS, and CLAY, Circuit Judges.

Rehearing and Suggestion for Rehearing En Banc Denied April 12, 1999.*

NELSON, J., delivered the opinion of the court, in which CLAY, J., joined. BOGGS, J. (pp. 354-360), delivered a separate dissenting opinion.

OPINION

DAVID A. NELSON, Circuit Judge.

This is a diversity case in which, on cross motions for summary judgment, the district court dismissed a claim asserted against an insurance company under a builder...

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