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WEISS v. ST. PAUL FIRE AND MARINE INS. CO.

Nos. 00-3267, 00-3297.

283 F.3d 790 (2002)

Ronald I. WEISS, Executor and Trustee for Plaintiff Walter L. Abt, Plaintiff-Appellee/Cross-Appellant, v. ST. PAUL FIRE AND MARINE INSURANCE COMPANY, Defendant-Appellant/Cross-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed March 18, 2002.

Attorney(s) appearing for the Case

Richard S. Mitchell (argued and briefed), Roetzel & Andress, Cleveland, OH, for Plaintiff-Appellee/Cross-Appellant.

Felix J. Gora (argued and briefed), Rendigs, Fry, Kiely & Dennis, Cincinnati, OH, for Defendant-Appellant/Cross-Appellee.

Before KEITH, KENNEDY, and BATCHELDER, Circuit Judges.

OPINION

BATCHELDER, Circuit Judge.

St. Paul Fire and Marine Insurance Company ("St.Paul") appeals the judgment of the district court holding that it owed its insured, Mor-Flo Industries, Inc. ("Mor-Flo"), a duty to defend in a patent infringement action and that it was liable for the attorney's fees and costs incurred by Mor-Flo in defending that action. Ronald Weiss appeals the district court's order vacating Weiss's default judgment against St. Paul and...

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