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CORDAY'S DEPT. STORE, INC. v. NEW YORK F. & M. UNDER., INC.

Nos. 18367, 18368.

442 F.2d 100 (1971)

CORDAY'S DEPARTMENT STORE, INC., Plaintiff-Appellant, v. NEW YORK FIRE AND MARINE UNDERWRITERS, INC. and Certain Underwriters at Lloyd's London, Signatories to Cover Note No. FT402426CS, Defendants-Appellees. CENTRAL NATIONAL BANK as Trustee Under Trust No. 5249, Plaintiff-Appellant, LaSalle National Bank as Trustee Under Trust No. 5251; Sol Kaplan, Sam Kaplan and Morris Kaplan, Plaintiffs, v. STATE FIRE AND CASUALTY COMPANY, Defendant, and New York Fire and Marine Underwriters, Inc., Defendant-Appellee.

United States Court of Appeals, Seventh Circuit.

Rehearing Denied June 1, 1971.

Attorney(s) appearing for the Case

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

Norman A. Miller, John W. Morrison, Chicago, Ill., for defendants-appellees; Clausen, Hirsh, Miller & Gorman, Chicago, Ill., of counsel.

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

CASTLE, Senior Circuit Judge.

These consolidated appeals are prosecuted from summary judgments entered for defendants-appellees, New York Fire and Marine Underwriters, Inc. and certain underwriters at Lloyd's, London, in two actions brought by plaintiffs-appellants, Corday's Department Store, Inc. and Central National Bank as trustee, to recover for fire loss and damage under insurance policies issued by the insurance company and a cover note issued by underwriters...

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