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J. L. SIMMONS CO., INC. v. FIDELITY AND CASUALTY CO.

Nos. 72-1163, 72-1164.

511 F.2d 87 (1975)

J. L. SIMMONS CO., INC., Plaintiff-Appellee, Cross-Appellant, v. The FIDELITY AND CASUALTY CO., Defendant-Appellant, Cross-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided January 3, 1975.

Rehearing Denied February 25, 1975.

Attorney(s) appearing for the Case

Walter W. Ross, Jr., Robert S. Milnikel, Chicago, Ill., for J. L. Simmons.

James T. Ferrini, Chicago, Ill., for Fidelity and Casualty Co.

Before CLARK, Associate Justice, FAIRCHILD, Chief Judge, and PELL, Circuit Judge.

FAIRCHILD, Chief Judge.

This is an appeal by the defendant, The Fidelity and Casualty Company of New York (Fidelity) from judgment in favor of the plaintiff, J. L. Simmons Company, Inc. (Simmons). Jurisdiction is founded on diversity of citizenship. The parties accept Illinois law as controlling substantive questions.

Simmons, a construction contractor, brought this action on a policy of insurance issued to it by Fidelity alleging that Fidelity's refusal to...

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