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SEARS, ROEBUCK AND CO. v. ZURICH INSURANCE COMPANY

No. 17529.

422 F.2d 587 (1970)

SEARS, ROEBUCK AND CO., Plaintiff-Appellant, v. ZURICH INSURANCE COMPANY, Defendant-Appellee.

United States Court of Appeals, Seventh Circuit.

February 16, 1970.

Attorney(s) appearing for the Case

Burton Y. Weitzenfeld, Arthur L. Klein, Chicago, Ill., for plaintiff-appellant; Arnstein, Gluck, Weitzenfeld & Minow, Chicago, Ill., of counsel.

John M. Moelmann, Thomas J. Weithers, Chicago, Ill., for defendant-appellee; Hinshaw, Culbertson, Moelmann, Hoban & Fuller, Chicago, Ill., of counsel.

Before DUFFY, Senior Circuit Judge, KERNER, Circuit Judge, and GRANT, District Judge.

GRANT, District Judge.

This is an appeal from a District Court's dismissal, sua sponte, of a diversity declaratory judgment action instituted by Sears, Roebuck and Co. (Sears), a New York corporation with its principal place of business at Chicago, Illinois, against Zurich Insurance Company (Zurich), a Swiss corporation with its principal place of business at Zurich, Switzerland.

Sears had been sued in the...

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