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BITUMINOUS CAS. CORP. v. J & L LUMBER CO., INC.

No. 03-5217.

373 F.3d 807 (2004)

BITUMINOUS CASUALTY CORPORATION, Plaintiff-Appellee, v. J & L LUMBER COMPANY, INC., Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided and Filed June 29, 2004.

Attorney(s) appearing for the Case

Pamela A. Chesnut (briefed), Robert E. Maclin III (argued and briefed), McBrayer, McGinnis, Leslie & Kirkland, Lexington, KY, for Plaintiff-Appellee.

Jeffrey L. Freeman (argued and briefed), Jeffrey L. Freeman, Attorney at Law, Louisville, KY, for Defendant-Appellant.

Before SUHRHEINRICH and GIBBONS, Circuit Judges; LAWSON, District Judge.

OPINION

SUHRHEINRICH, Circuit Judge.

Defendant-Appellant J & L Lumber Company, Inc. (J & L) appeals from the order of the district court granting summary judgment in favor of Bituminous Casualty Corp. (Bituminous) and denying summary judgment in favor of J & L in this declaratory judgment action. Bituminous brought this action against J & L in federal district court, seeking a declaration that...

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