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AMERICAN ST INS. v. CAPITAL ASSOC. JACKSON CO

No. 04-1659.

392 F.3d 939 (2004)

AMERICAN STATES INSURANCE COMPANY, Plaintiff-Appellant, v. CAPITAL ASSOCIATES OF JACKSON COUNTY, INC., et al., Defendants-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided December 23, 2004.

Attorney(s) appearing for the Case

Perry M. Shorris (argued), Bollinger, Ruberry & Garvey, Chicago, IL, for Plaintiff-Appellant.

Robert J. Selsor (argued), Christopher C. Swenson, Polsinelli Shalton Welte Suelthaus, John W. Hoffman (argued), Korein Tillery, St. Louis, MO, for Defendants-Appellees.

Before BAUER, EASTERBROOK, and KANNE, Circuit Judges.

EASTERBROOK, Circuit Judge.

According to a complaint filed in state court, Capital Associates of Jackson County sent an unsolicited advertisement to the fax machine of JC Hauling Company, thus violating 47 U.S.C. § 227(b)(1)(C). JC Hauling launched a class action on behalf of all recipients of Capital Associates' junk faxes. Capital Associates tendered the defense to American States Insurance Co., which had issued a policy covering "advertising injury," among...

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