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SEARS ROEBUCK AND COMPANY v. ZURICH INSURANCE COMPANY

No. 68 C 1942.

299 F.Supp. 518 (1969)

SEARS ROEBUCK AND COMPANY, a corporation, Plaintiff, v. ZURICH INSURANCE COMPANY, an Insurance corporation, Defendant.

United States District Court N. D. Illinois, E. D.

May 13, 1969.

Attorney(s) appearing for the Case

Michael R. Turoff and B. Y. Weitzenfeld, Chicago, Ill., for plaintiff.

John M. Moelmann and Perry L. Fuller, Chicago Ill., for defendant.

MEMORANDUM OPINION AND ORDER

NAPOLI, District Judge.

Sears Roebuck and Co. has brought this action in diversity under the Declaratory Judgment Act, 28 U.S.C. § 2201, to have its rights determined with respect to the defendant Zurich Insurance Co. The plaintiff alleges that it is within the coverage of a contract of insurance written by the defendant which requires the defendant to provide a defense and indemnify Sears for any damages for which it is...

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