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CUMMINGS WHOLESALE ELEC. CO., INC. v. HOME OWNERS INS. CO.

Nos. 73-1049, 73-1061, 73-1062 and 73-1070.

492 F.2d 268 (1974)

CUMMINGS WHOLESALE ELECTRIC CO., INC., Plaintiff-Appellant, v. HOME OWNERS INSURANCE COMPANY et al., Defendants-Appellees. James BAYLOR, Plaintiff and Counter-Defendant-Appellee, v. OTTO ELECTRIC COMPANY, INC., et al., Defendants. DELPHI COMMUNITY SCHOOL BUILDING CORP., Plaintiff-Appellant, v. NORTHEASTERN INSURANCE COMPANY OF HARTFORD et al., Defendants-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided February 21, 1974.

Rehearing Denied March 25, 1974.

Attorney(s) appearing for the Case

Henry J. Price, Stephen K. Smith, Indianapolis, Ind., for appellants in No. 73-1049.

William M. Evans, Indianapolis, Ind., for appellants in Nos. 73-1061 and 73-1062.

Alan H. Lobley, D. Robert Webster, Charles J. Todd, Indianapolis, Ind., and Lewis N. Mullin, Delphi, Ind., for appellants in No. 73-1070.

Charles W. Linder, Jr., Sydney L. Steele, James W. Riley, Jr., Indianapolis, Ind., for appellees Nationwide Mutual Ins. Co., Northeastern Ins. Co. of Hartford, and Allstate Ins. Co.

Nicholas C. Nizamoff, Richard H. Riegner, William A. Wick, Indianapolis, Ind., for James Baylor as amicus curiae in No. 73-1070 and appellee in all other cases.

Before CUMMINGS and STEVENS, Circuit Judges, and GRANT, Senior District Judge.

Rehearing En Banc Denied March 25, 1974.

CUMMINGS, Circuit Judge.

These appeals involve common issues concerning plaintiffs' rights against the reinsurers of the insolvent Home Owners Insurance Company, which had issued certain surety bonds in Indiana.

In No. 73-1049, plaintiff Cummings Electric furnished more than $120,000 worth of materials to Otto Electric Company, which became insolvent. Home Owners had written surety bonds for Otto Electric. Home...

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