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CINCINNATI INS. CO. v. LEIGHTON

Nos. 03-4334, 04-1153.

403 F.3d 879 (2005)

CINCINNATI INSURANCE COMPANY, Plaintiff-Appellant, v. G. Timothy LEIGHTON, Defendant-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided April 8, 2005.

Attorney(s) appearing for the Case

David M. Duree (argued), Duree & Associates, O'Fallon, IL, for Plaintiff-Appellant.

Susan L. Perkins (argued), Vonachen, Lawless, Trager & Slevin, Peoria, IL, Margaret A. Gisch, Field & Golan, Chicago, IL, for Defendant-Appellee.

Before CUDAHY, ROVNER, and WILLIAMS, Circuit Judges.

ILANA DIAMOND ROVNER, Circuit Judge.

The Cincinnati Insurance Company issued a financial responsibility bond guaranteeing that Dixie Management Group, Inc., would deliver to the State of Illinois taxes collected on sales of motor fuel at Dixie's truck stops. Cincinnati surrendered the bond amount to the state after Dixie incurred a substantial tax liability and declared bankruptcy; Cincinnati then brought this suit in diversity seeking indemnity from Timothy Leighton...

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