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ÆTNA CASUALTY & S. CO. v. KISHWAUKEE SPEC. DRAIN. DIST.

No. 8406.

143 F.2d 471 (1944)

ÆTNA CASUALTY & SURETY CO. v. KISHWAUKEE SPECIAL DRAINAGE DIST.

Circuit Court of Appeals, Seventh Circuit.

Rehearing Denied July 17, 1944.

Attorney(s) appearing for the Case

Floyd E. Thompson, Henry J. Brandt, and Frank T. Jordan, all of Chicago, Ill., and Dennis J. Collins and Harold E. Mann, both of DeKalb, Ill. (Poppenhusen, Johnston, Thompson & Raymond, of Chicago, Ill., of counsel), for appellant.

De Goy B. Ellis and Paul M. Hamilton, both of Elgin, Ill. (Ellis, Hamilton, Jordan & Geister, of Elgin, Ill., of counsel), for appellee.

Before EVANS, MAJOR, and MINTON, Circuit Judges.

MAJOR, Circuit Judge.

This is an appeal from a summary judgment, entered April 16, 1943, upon plaintiff's motion, in the amount of $22,913.24. The judgment rests solely upon plaintiff's right of subrogation to seven named judgment creditors (herein referred to as the Masterson creditors), who obtained their judgments against the defendant in the Circuit Court of DeKalb County, Illinois, March 12, 1923. The judgment in the instant case requires, in the event no funds...

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