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AETNA CASUALTY AND SURETY COMPANY v. ARKIN

No. 73 C 197.

365 F.Supp. 813 (1973)

AETNA CASUALTY AND SURETY COMPANY, a corporation, Plaintiff, v. Jerome ARKIN, Administrator of the Estate of Joel S. Arkin, Deceased, et al., Defendants.

United States District Court, N. D. Illinois.

October 23, 1973.

Attorney(s) appearing for the Case

John M. Moelmann and John L. Kirkland, Hinshaw, Culbertson, Moelmann, Hoban & Fuller, Chicago, Ill., for plaintiff.

Jerome M. Brooke, Chicago, Ill., for Reliance.

Richard G. French and Gilbert J. Roger, Howard & French, Chicago, Ill., for Casualty.

MEMORANDUM OPINION AND ORDER

BAUER, District Judge.

This cause comes on the plaintiff's motion for summary judgment pursuant to Rule 56 of the Federal Rules of Civil Procedure.

This is an action for declaratory judgment. On March 17, 1972, Nancy Thrall was operating an automobile which was involved in a one-car collision resulting in fatal injuries to Joel S. Arkin. The car was owned by Bay Cities Auto Auction, Inc. ("Bay Cities") and was being delivered...

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