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STANDARD CONST. CO. v. MARYLAND CAS.

No. 02-6039.

359 F.3d 846 (2004)

STANDARD CONSTRUCTION CO., INC., Plaintiff-Appellee, v. MARYLAND CASUALTY CO. and Northern Insurance Co. of New York, Defendants-Appellants.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: March 4, 2004.

Petition for Rehearing Denied May 10, 2004.

Attorney(s) appearing for the Case

ARGUED: J. Robert Hall (argued and briefed), Michael M. Marick (briefed), MECKLER, BULGER & TILSON, Chicago, Illinois, for Appellants.

J. Brooke Lathram (argued and briefed), BURCH, PORTER & JOHNSON, Memphis, Tennessee, for Appellee.

ON BRIEF: J. Robert Hall, Michael M. Marick, MECKLER, BULGER & TILSON, Chicago, Illinois, for Appellants.

J. Brooke Lathram, BURCH, PORTER & JOHNSON, Memphis, Tennessee, for Appellee.

Before: ROGERS and COOK, Circuit Judges; BERTELSMAN, District Judge.

Pursuant to Sixth Circuit Rule 206.

Petition for Rehearing Denied En Banc: May 10, 2004.

BERTELSMAN, D. J., delivered the opinion of the court, in which COOK, J., joined. ROGERS, J. (pp. 854-55), delivered a separate concurring opinion.

BERTELSMAN, D.J., delivered the opinion of the court, in which COOK, J., joined. ROGERS, J. (pp. 16-17), delivered a separate concurring opinion.

OPINION

BERTELSMAN, District Judge.

Defendants...

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