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UNITED NAT. INS. CO. v. SST FITNESS CORP.

No. 00-4239.

309 F.3d 914 (2002)

UNITED NATIONAL INSURANCE COMPANY, Plaintiff-Appellant, v. SST FITNESS CORPORATION, Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: November 4, 2002.

Attorney(s) appearing for the Case

James Christian Nielsen (argued and briefed), Thomas H. Nienow, Nielsen, Haley & Abbott, San Francisco, CA, for Plaintiff-Appellant.

Lawrence R. Elleman (argued), David P. Fornshell, Dinsmore & Shohl, Cincinnati, OH, Gerald W. Simmons (briefed), Thompson Hine, Cincinnati, OH, for Defendant-Appellee.

Before BATCHELDER and CLAY, Circuit Judges; CARR, District Judge.

CARR, D.J., delivered the opinion of the court, in which BATCHELDER, J., joined. CLAY, J. (pp. 923-28), delivered a separate dissenting opinion.

OPINION

CARR, District Judge.

Plaintiff-appellant United National Insurance Company ("United National") appeals the denial of its motion, brought pursuant to 28 U.S.C. § 2202, for defense costs paid to its insured, defendant-appellee SST Fitness Corporation...

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