CITY OF PIGEON FORGE, TENN. v. MIDLAND INS. CO.

No. 85-5197.

788 F.2d 368 (1986)

CITY OF PIGEON FORGE, TENNESSEE, Plaintiff-Appellant, v. MIDLAND INSURANCE COMPANY, Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided April 15, 1986.


Attorney(s) appearing for the Case

H. Dennis Jarvis, Jr. (argued), Gary R. Wade, Sevierville, Tenn., for plaintiff-appellant.

Wayne Christeson (argued), James C. Wright, Knoxville, Tenn., for defendant-appellee.

Before KRUPANSKY and GUY, Circuit Judges, and PECK, Senior Circuit Judge.


GUY, Circuit Judge.

Plaintiff, City of Pigeon Forge, Tennessee (City), appeals from an order of the district court granting summary judgment in favor of defendant, Midland Insurance Company (Company), in this action for damages under an insurance policy issued by defendant. For the reasons stated below, we affirm.

I.

On April 23, 1984, plaintiff filed suit in Tennessee Circuit Court alleging that defendant had wrongfully refused to pay under the...

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