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OHIO CAS. INS. CO. v. UNION PACIFIC RR.

No. 05-3814.

469 F.3d 1158 (2006)

OHIO CASUALTY INSURANCE COMPANY, Plaintiff-Appellee, v. UNION PACIFIC RAILROAD COMPANY, Defendant-Appellant, Lori Allenbrand; Tri-State Traffic Control, Inc., Defendants.

United States Court of Appeals, Eighth Circuit.

Filed: December 4, 2006.

Attorney(s) appearing for the Case

Sean F. Rommel, argued, Texarkana, TX, for appellant.

R. Brent Cooper, argued, Dallas, TX, for appellee.

Before LOKEN, Chief Judge, ARNOLD, Circuit Judge, and DOTY, District Judge.

DOTY, District Judge.

This is a diversity-based insurance coverage dispute that arose out of a fatal automobile collision at a railroad crossing in Lafeyette County, Arkansas. Ohio Casualty Insurance Company ("Ohio Casualty") filed this action seeking a declaratory judgment that it had no duty to defend Union Pacific Railroad Company ("Union Pacific") in litigation commenced as a result of the collision. The district court granted summary judgment in favor of Ohio...

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