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SMURFIT NEWSPRINT CORP. v. SOUTHEAST PAPER MFG.

No. 03-1445.

368 F.3d 944 (2004)

SMURFIT NEWSPRINT CORPORATION, a Delaware corporation, Plaintiff-Appellant, v. SOUTHEAST PAPER MANUFACTURING COMPANY, a Georgia partnership, now known as SP Newsprint Company, Defendant-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided May 21, 2004.

Rehearing Denied June 24, 2004.

Attorney(s) appearing for the Case

E. King Poor (Argued), R. Mark McCareins, Winston & Strawn, Chicago, IL, for Plaintiff-Appellant.

Bradford P. Lyerla, Marshall, Gerstein & Borun, Chicago, IL, Charles K. McKnight, Jr. (Argued), King & Spalding, Atlanta, GA, for Defendant-Appellee.

Before MANION, KANNE, and EVANS, Circuit Judges.

MANION, Circuit Judge.

Smurfit Newsprint Corporation ("Smurfit") appeals a grant of summary judgment to Southeast Paper Manufacturing Company, now known as SP Newsprint Company ("SP"). The district court held that the "no-prejudice" rule of New York insurance law should apply to the indemnification provisions of an asset purchase agreement, enabling SP to avoid a potential obligation to indemnify Smurfit. We conclude that, were the New York Court of Appeals presented...

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