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GOODYEAR TIRE & RUBBER v. NATIONAL UNION FIRE INS.

No. 11-4145.

694 F.3d 781 (2012)

GOODYEAR TIRE AND RUBBER COMPANY, Plaintiff-Appellant, v. NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PA, Defendant, Federal Insurance Company, Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: September 17, 2012.

Attorney(s) appearing for the Case

ARGUED: Mark J. Andreini , Jones Day, Cleveland, Ohio, for Appellant. Daniel J. Standish , Wiley Rein LLP, Washington, D.C., for Appellee. ON BRIEF: Mark J. Andreini , Jones Day, Cleveland, Ohio, for Appellant. Daniel J. Standish , Cara Tseng Duffield , M. Addison Draper , Wiley Rein LLP, Washington, D.C., for Appellee. Paul A. Rose , Lucas M. Blower , Brouse McDowell, L.P.A., Akron, Ohio, Kevin Drummond Eiber , Caroline L. Marks , Brouse McDowell, L.P.A., Cleveland, Ohio, for Amici Curiae.

Before: SILER and KETHLEDGE, Circuit Judges; MURPHY, District Judge.

OPINION

KETHLEDGE, Circuit Judge.

This is the latest in a series of recent cases in which one corporation asks us to disregard the plain terms of its insurance agreement with another corporation. We deny the request here as we have elsewhere, and affirm.

Goodyear Tire and Rubber Company announced on October 22, 2003 that it would restate its earnings for some prior years. The day after the announcement, shareholders filed class-action lawsuits against...

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