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AMERICAN NAT. B. & T. CO. OF CHICAGO v. CERTAIN UNDERWR., ETC.

Nos. 17803, 17804.

444 F.2d 640 (1971)

AMERICAN NATIONAL BANK AND TRUST COMPANY OF CHICAGO, a national banking association, not individually, but as Trustee under Trust No. TI-24356, Plaintiff-Appellant, v. CERTAIN UNDERWRITERS AT LLOYD'S LONDON, World Auxiliary Insurance Co., Ltd., sued as Lloyd's of London, American Home Assurance Company, Associated Indemnity Corporation, sued as Fireman's Fund, American Insurance Company, Defendants-Appellees. NORTH AMERICAN LIFE & CASUALTY COMPANY and Old Republic Insurance Company, Defendants-Cross-Appellants, v. AMERICAN NATIONAL BANK AND TRUST COMPANY OF CHICAGO, a national banking association, not individually, but as Trustee under Trust No. TI-24356, Plaintiff-Cross-Appellee.

United States Court of Appeals, Seventh Circuit.

Rehearing Denied June 21, 1971.

Attorney(s) appearing for the Case

J. Sterling Mortimer, Mortimer & Hoffman, Chicago, Ill., attorneys for American National Bank & Trust Co.

C. Roy Peterson, Newell S. Boardman, Chicago, Ill., for defendants-appellees; Lord, Bissell & Brook, Chicago, Ill., of counsel.

Before HASTINGS, Senior Circuit Judge, and KILEY and FAIRCHILD, Circuit Judges.

Rehearing Denied in No. 17803. June 21, 1971.

FAIRCHILD, Circuit Judge.

Action against six insurers to recover on account of the accidental death of Robert C. Usher.1 All defendants alleged his death was suicide, but that issue has not been determined. Five defendants sought summary judgments based on other defenses. The district court granted summary judgment on some grounds and denied it on others. Final judgments in favor of...

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