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SIMMONS REFINING CO. v. ROYAL-GLOBE INS. CO.

No. 76-1276.

543 F.2d 1195 (1976)

SIMMONS REFINING COMPANY, Third-Party Plaintiff-Appellant, v. ROYAL-GLOBE INSURANCE COMPANY, Third-Party Defendant-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided October 26, 1976.

Attorney(s) appearing for the Case

Sheldon Davidson, Chicago, Ill., for plaintiff-appellant.

Robert L. Kiesler, Chicago, Ill., for defendant-appellee.

Before HASTINGS, Senior Circuit Judge, and PELL and WOOD, Circuit Judges.

HASTINGS, Senior Circuit Judge.

Simmons Refining Company, third-party plaintiff (Simmons), and its insurer, Royal-Globe Insurance Company, third-party defendant (Royal-Globe), filed cross-motions for summary judgment on the questions of duty to defend and duty to indemnify raised by the third-party action. Supporting and opposing memoranda were filed by both parties in the federal district court.1 The trial court denied the motion of Simmons...

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