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ESQUIRE RESTAURANT, INC. v. COMMONWEALTH INS. CO. OF N. Y.

No. 15874.

393 F.2d 111 (1968)

ESQUIRE RESTAURANT, INC., an Illinois corporation, Plaintiff-Appellant, v. The COMMONWEALTH INSURANCE COMPANY OF NEW YORK, Cream City Mutual Insurance Company, Hartford Fire Insurance Company, Newark Insurance Company, and United States Fidelity and Guaranty Company, Defendants-Appellees.

United States Court of Appeals Seventh Circuit.

Rehearing Denied April 16, 1968.

Attorney(s) appearing for the Case

John D. Vosnos, Bruce Parkhill, Chicago, Ill., for appellant.

Samuel Levin, Daniel J. Leahy, Chicago, Ill., for appellees.

Before KNOCH, Senior Circuit Judge, and FAIRCHILD and CUMMINGS, Circuit Judges.

CUMMINGS, Circuit Judge.

Plaintiff Esquire Restaurant, Inc., an Illinois corporation, is the lessee of part of the building at 12 South Grove Avenue, Elgin, Illinois. In 1962, it filed a suit in the Superior Court of Cook County, Illinois, to recover for losses allegedly covered by five fire insurance policies. Pursuant to Section 1441 of the Judicial Code (28 U.S.C. § 1441), the suit was removed by defendant insurers to the United States District Court.

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