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LOTTIE v. WEST AMERICAN INS. CO.

No. 04-1537.

408 F.3d 935 (2005)

R.D. LOTTIE, Plaintiff-Appellant, v. WEST AMERICAN INSURANCE COMPANY, of the Ohio Casualty Group of Insurance Companies, Defendant-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided May 26, 2005.

Attorney(s) appearing for the Case

Douglas M. Grimes (argued), Gary, IN, for Plaintiff-Appellant

Thomas R. Haley, III, Jennings, Taylor, Wheeler & Haley, Carmel, IN, for Defendant-Appellee

Before BAUER, POSNER and ROVNER, Circuit Judges.

ILANA DIAMOND ROVNER, Circuit Judge.

R.D. Lottie sued his insurer for breach of contract, bad faith and race discrimination. Because there is a significant evidentiary overlap between the claims on which final judgment was granted (the bad faith claim and the race discrimination claim) and a claim that remains pending before the district court (the breach of contract claim), we vacate and remand.

I.

R.D. Lottie owns a number of rental properties...

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