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DIAMOND SHAMROCK CORP. v. LUMBERMENS MUT. CAS. CO.

No. 71-1594.

466 F.2d 722 (1972)

DIAMOND SHAMROCK CORPORATION, a Delaware corporation, and Fireman's Mutual Insurance Company, a Rhode Island corporation, Plaintiffs-Appellees, v. LUMBERMENS MUTUAL CASUALTY COMPANY, an Illinois corporation, Defendant-Appellant.

United States Court of Appeals, Seventh Circuit.

Decided August 29, 1972.

Rehearing Denied September 16, 1972.

Attorney(s) appearing for the Case

Donald N. Clausen, Jacob T. Pincus, Chicago, Ill., for defendant-appellant.

Lawrence Zelle, Minneapolis, Minn., Robert A. Downing, Chicago, Ill., for plaintiffs-appellees.

Before SWYGERT, Chief Judge, and STEVENS and SPRECHER, Circuit Judges.

SPRECHER, Circuit Judge.

This appeal is from a judgment in plaintiffs' favor in an action for declaratory judgment on an insurance policy covering loss caused by accident at plaintiff Diamond Shamrock Corporation's Deer Park, Texas, plant. We affirm in part and reverse in part.

On April 30, 1967, an explosion and fire damaged a compressor and surrounding area at Diamond's Deer Park plant. Diamond was covered by two insurance policies, one issued by co-plaintiff...

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