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  5. 864 F.Supp. 849 (1994)
 

CATERPILLAR INC. v. GREAT AMERICAN INS. CO.

No. 94-1060.

864 F.Supp. 849 (1994)

CATERPILLAR INC., Plaintiff, v. GREAT AMERICAN INSURANCE COMPANY, Defendant.

United States District Court, C.D. Illinois, Peoria Division.

As Amended September 15, 1994.

Attorney(s) appearing for the Case

William R. Jentes, Chicago, IL, Theodore R. Johnson, Peoria, IL, for plaintiff.

Michael P. Comiskey, Chicago, IL, for defendant.

ORDER

MIHM, Chief Judge.

This matter is before the Court on Caterpillar's Motion for Partial Summary Judgment on Count I of its Complaint. For the reasons set forth herein, Caterpillar's Motion is GRANTED IN PART and DENIED IN PART. The Court certifies certain rulings for an immediate appeal under 28 U.S.C. § 1292(b).

RELEVANT BACKGROUND

This case raises the issues of (1) the proper allocation of a "Loss" between an insured...

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