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COMMONWEALTH INS. CO. v. TITAN TIRE CORP.

Nos. 03-3223, 03-3224, 03-3225.

398 F.3d 879 (2004)

COMMONWEALTH INSURANCE COMPANY, Plaintiff, v. TITAN TIRE CORPORATION, Defendant-Appellant, v. Pirelli Tire, LLC, formerly known as Pirelli Tire Corporation, formerly known as Pirelli Armstrong Tire Corporation, Defendant-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided November 2, 2004.

Attorney(s) appearing for the Case

Thomas A. Vickers, Daar, Fisher, Kanaris & Vanek, Chicago, IL, for Plaintiff.

Joel D. Bertocchi (argued), J. Gregory Deis, Mayer, Brown, Rowe & Maw, Chicago, IL, for Defendant-Appellant.

David L. Drake, Drake, Narup & Mead, Springfield, IL, Valerie A. Moore (argued), Haight, Brown & Bonesteel, Los Angeles, CA, for Defendant-Appellee.

Before MANION, ROVNER, and WOOD, Circuit Judges.

MANION, Circuit Judge.

Following a $55 million settlement of a Texas case involving eight deaths allegedly caused by a defective tire, the two tire companies involved sued each other, claiming breach of an indemnity agreement. The claims were eventually tried in the Central District of Illinois, which had diversity jurisdiction over the matter.1 Pirelli Tire, LLC won a jury verdict for the underlying trial expenses and attorneys' fees...

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