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AUTO-OWNERS (MUT.) INS. CO. v. MIDWEST EMERY

No. 77-1138.

470 F.Supp. 790 (1979)

AUTO-OWNERS (MUTUAL) INSURANCE COMPANY, Plaintiff, v. MIDWEST EMERY FREIGHT SYSTEM, INC., Nass Truck Lines, Inc., Walter Eugene Nass, d/b/a Nass Trucking, Terrence Turner, Brian Bauer, James Skolek and Donna Skolek, Co-Administrators of the Estate of Todd Skolek, Deceased, Katherine McKay, Tom Armstrong, John Sutton, Tresa Tipler, Bill Koos, Mary Lou McKay, Dennis Lay, Murray Hynes, Brad Shawgo, Tresa Cwick, Joe Fever and Tom Vaccaro, Defendants.

United States District Court, C. D. Illinois.

June 7, 1979.

Attorney(s) appearing for the Case

Lyle W. Allen, Peoria, Ill., for plaintiff.

Frederick W. Allen, Peoria, Ill., Jerome Mirza, Bloomington, Ill., Thomas Lee and Jerome Jacobson, Chicago, Ill., William B. Wombacher, R. Michael Henderson, William R. Kelly, Peoria, Ill., for defendants.

DECISION AND ORDER

ROBERT D. MORGAN, Chief Judge.

Plaintiff seeks a declaratory judgment that its "comprehensive commercial" insurance policy No. 732304-07208990 and "automobile" policy No. 730904-07208990 do not obligate it to defend defendants Midwest Emery Freight System, Inc. (Midwest) or Nass Truck Lines, Inc. (Nass), or its president, Walter Eugene Nass, or to assume liability for personal injuries and property damage that resulted from an accident...

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