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SEARS, ROEBUCK AND CO. v. AMERICAN MUT. LIAB. INS. CO.

No. 15792.

372 F.2d 435 (1967)

SEARS, ROEBUCK AND CO., Plaintiff-Appellant, v. AMERICAN MUTUAL LIABILITY INSURANCE COMPANY, Defendant-Appellee.

United States Court of Appeals Seventh Circuit.

February 10, 1967.

Attorney(s) appearing for the Case

Burton Y. Weitzenfeld, John F. McClure, William S. Hanley, Chicago, Ill., for plaintiff-appellant, Arnstein, Gluck, Weitzenfeld & Minow, formerly known as Kahn, Adsit, Arnstein, Gluck, Weitzenfeld & Minow, Chicago, Ill., of counsel.

Henry J. Marquard, Edward V. Scoby, Kralovec, Sweeney, Marquard & Scoby, Chicago, Ill., for defendant-appellee.

Before HASTINGS, Chief Judge, MAJOR, Senior Circuit Judge, and FAIRCHILD, Circuit Judge.

HASTINGS, Chief Judge.

This is an appeal from a dismissal by the district court, sua sponte, of a diversity declaratory judgment action, instituted by Sears, Roebuck and Co., a New York corporation having its principal place of business in Illinois, against American Mutual Liability Insurance Company, a Massachusetts corporation.

Sears sought a declaratory judgment that American Mutual was obligated, by reason of an insurance contract containing a vendor...

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