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CITY OF FLINT v. LEXINGTON INS. CO.

No. 00-1614.

293 F.3d 956 (2002)

The CITY OF FLINT, Plaintiff- Appellee, v. LEXINGTON INSURANCE COMPANY, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: June 17, 2002.

Attorney(s) appearing for the Case

Karen E. McDonald, City of Flint Legal Dept., Flint, MI, Donald G. Rockwell (briefed), Nill, Kirby & Rockwell, Flint, MI, Edward B. Davison (argued), Gault, Davison, P.C., Flint, MI, Edward L. Parker, Flint, MI, for Appellee.

William J. Brickley (briefed), Garan, Lucow, Miller, P.C., Detroit, MI, Robert D. Goldstein (argued and briefed), Garan, Lucow, Miller, P.C., Grand Blanc, MI, for Appellant.

Before MARTIN, Chief Circuit Judge; COLE, Circuit Judge; SHARP, District Judge.

OPINION

SHARP, District Judge.

Plaintiff-Appellee City of Flint ("Flint") seeks indemnity under an insurance policy issued by Defendant-Appellant Lexington Insurance Company ("Lexington") for damages awarded against Flint in a civil rights action ("Middleton"). Several white Flint police officers successfully argued that Flint's affirmative action plan ("Plan") was illegal. See Middleton v. City of Flint, 92 F.3d 396

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