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FIRST NATIONAL BANK IN CHICAGO HEIGHTS v. HOME INSURANCE CO.

No. 14826.

350 F.2d 577 (1965)

FIRST NATIONAL BANK IN CHICAGO HEIGHTS, as Trustee, under the provisions of a Trust Agreement dated February 17, 1960, and known as Trust Number 57, Plaintiff-Appellant, v. The HOME INSURANCE COMPANY, a foreign corporation, Niagara Fire Insurance Company, a foreign corporation, and Phoenix Insurance Company, a foreign corporation, Defendants-Appellees.

United States Court of Appeals Seventh Circuit.

September 16, 1965.

Attorney(s) appearing for the Case

Silvio Piacenti, James F. Creswell, Chicago Heights, Ill., Piacenti & Cifelli, Chicago Heights, Ill., of counsel, for appellant.

John P. Gorman, Chicago, Ill., Jacob T. Pincus, Chicago, Ill., Clausen, Hirsh, Miller & Gorman, Chicago, Ill., of counsel, for appellees.

Before HASTINGS, Chief Judge, and DUFFY and SCHNACKENBERG, Circuit Judges.

DUFFY, Circuit Judge.

Plaintiff brought this suit to recover under the terms of certain fire insurance policies issued by defendants, covering a building in Chicago Heights, Illinois, known as the Victoria Hotel building.

The District Court held that by agreement of the parties, the policies of insurance had been surrendered and accepted for cancellation, and were not in force and effect on March 10, 1961, the date of the fire.

The hotel building was...

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