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ST. MARYS FOUNDRY v. EMPLOYERS INS. OF WAUSAU

No. 01-4183.

332 F.3d 989 (2003)

ST. MARYS FOUNDRY, INC., Plaintiff-Appellant, v. EMPLOYERS INSURANCE OF WAUSAU, Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed June 16, 2003.

Attorney(s) appearing for the Case

Gary M. Glass (argued and briefed), Kimberly E. Ramundo (briefed), Thompson Hine LLP, Cincinnati, OH, for Appellant.

Robert J. Gilbertson (argued), Mel I. Dickstein (briefed), Michael P. McNamee (briefed), Robins, Kaplan, Miller & Ciresi, Minneapolis, MN, for Appellee.

Before CLAY and ROGERS, Circuit Judges; COFFMAN, District Judge.

OPINION

CLAY, Circuit Judge.

Plaintiff St. Marys Foundry appeals from an order awarding summary judgment to Defendant Employers Insurance of Wausau, after Plaintiff filed a complaint in federal diversity jurisdiction under 28 U.S.C. § 1332 for declaratory judgment pursuant to 28 U.S.C. §§ 2201-2202, seeking a declaration that it was entitled to insurance coverage for lost income following a warehouse fire. For the reasons set forth below,...

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