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LAWLER v. FIREMAN'S FUND INS. CO.

No. 01-3932.

322 F.3d 900 (2003)

Erin E. LAWLER, Individually, and as the Administratrix of the Estate of Jeremy Lawler, Plaintiff/Cross-Claimant-Appellant, v. FIREMAN's FUND INSURANCE COMPANY, et al., Defendants/Third-Party Plaintiffs, State Farm Insurance Company, Third-Party/Cross-Claim Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed March 17, 2003.

Rehearing Denied March 31, 2003.

Attorney(s) appearing for the Case

Kenneth L. Gibson (briefed), Weick, Gibson & Lowry, Cuyahoga Falls, OH, Stanley P. Aronson (briefed), Kenneth M. Zerrusen (argued), Aronson & Associates, Akron, OH, for Plaintiff-Appellant.

Thomas J. Wilson (argued and briefed), Comstock, Springer & Wilson, Youngstown, OH, Gordon Dale Arnold (briefed), Freund, Freeze & Arnold, Dayton, OH, for Defendants-Appellees.

Before: GUY and MOORE, Circuit Judges; BECKWITH, District Judge.

RALPH B. GUY, JR., J., delivered the opinion of the court, in which BECKWITH, D.J., joined. MOORE, J. (pp. 910-12), delivered a separate dissenting opinion.

OPINION

RALPH B. GUY, JR., Circuit Judge.

Plaintiff, Erin E. Lawler, individually and as administratrix of the estate of her husband, Jeremy Lawler, appeals from the district court's order denying her motion for partial summary judgment and granting summary judgment to the cross-claim/third-party...

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