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WILLIAM POWELL COMPANY v. NATIONAL INDEMNITY CO.

No. 20-3737.

18 F.4th 856 (2021)

WILLIAM POWELL COMPANY, Plaintiff-Appellee, v. NATIONAL INDEMNITY COMPANY, et al., Defendants, OneBeacon Insurance Company, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: November 18, 2021.

Attorney(s) appearing for the Case

ARGUED: Richard M. Garner , COLLINS, ROCHE, UTLEY, & GARNER, LLC, Dublin, Ohio, for Appellant. David F. Hine , VORYS, SATER, SEYMOUR AND PEASE LLP, Cincinnati, Ohio, for Appellee. ON BRIEF: Richard M. Garner , Sunny Lane Horacek , COLLINS, ROCHE, UTLEY, & GARNER, LLC, Dublin, Ohio, for Appellant. David F. Hine , Nathaniel Lampley, Jr. , Joseph M. Brunner , VORYS, SATER, SEYMOUR AND PEASE LLP, Cincinnati, Ohio, for Appellee.

NALBANDIAN, Circuit Judge, delivered the opinion of the court in which LARSEN, Circuit Judge, joined, and WHITE, Circuit Judge, joined in part. WHITE, Circuit Judge (pp. 875-80), delivered a separate opinion concurring in part and dissenting in part.

OPINION

If at first you don't succeed, try, try again. OneBeacon Insurance takes this advice to heart. It has tried repeatedly, both before us and before the district court, to get rid of William Powell Company's (WPC) federal lawsuit against it. And up until now, those efforts have failed. But this time, OneBeacon...

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