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TRANSPORT REALTY CO. v. COMMERCIAL UNION INS. CO. OF N. Y.

No. 16943.

404 F.2d 892 (1968)

TRANSPORT REALTY COMPANY, Plaintiff-Appellant, v. COMMERCIAL UNION INSURANCE COMPANY OF NEW YORK, Defendant-Appellee.

United States Court of Appeals Seventh Circuit.

December 12, 1968.

Attorney(s) appearing for the Case

George C. Rabens, Chicago, Ill., for plaintiff-appellant.

John P. Gorman, James T. Ferrini, Clausen, Hirsh, Miller & Gorman, Chicago, Ill., for defendant-appellee, Frank L. Schneider, Chicago, Ill., of counsel.

Before CASTLE, Chief Judge, and SWYGERT and KERNER, Circuit Judges.

CASTLE, Chief Judge.

Plaintiff brought this diversity action to recover under an insurance policy of defendant which insured against loss by fire and other perils to plaintiff's building located in Chicago, Illinois, and for loss of rent and rental value occasioned by the destruction by fire of the premises. The policy also insured the interest of the mortgagee, Continental Illinois National Bank and Trust Company of Chicago. Plaintiff brings this appeal from a summary...

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