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THOMAS NOE, INC. v. HOMESTEAD INS. CO.

No. 98-3257.

173 F.3d 581 (1999)

THOMAS NOE, INC., doing business as Vintage Coins & Cards, Plaintiff-Appellant, v. HOMESTEAD INSURANCE COMPANY; North American Collectibles Association, Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided April 21, 1999.

Attorney(s) appearing for the Case

Martin J. Holmes, Sr. (argued and briefed), Shindler, Neff, Holems & Schlageter, Toledo, OH, for Plaintiff-Appellant.

Alan M. Petrov (argued and briefed), Timothy P. Whitford (briefed), Monica A. Sansalone (briefed), Gallagher, Sharp, Fulton & Norman, Cleveland, OH, for Defendants-Appellees.

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

OPINION

DAVID A. NELSON, Circuit Judge.

This is a diversity action, arising under Ohio law, in which a coin dealer asserts a claim under a property insurance policy for the value of certain coins and currency stolen from an automobile. The district court granted summary judgment in favor of the defendants. Having concluded on de novo review that the plaintiff, as a matter of law, was not "actually in or upon...

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