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ROYAL INDEM. CO. v. KENNY CONST. CO.

Nos. 74-1738, 74-1739 and 74-1786.

528 F.2d 184 (1975)

ROYAL INDEMNITY COMPANY, Plaintiff, Counter-Defendant-Appellee, v. KENNY CONSTRUCTION COMPANY, et al., Defendants, Counter-Defendants-Appellees, and City of Chicago, a Municipal Corporation, Defendant, Counter-Plaintiff-Appellant. ROYAL INDEMNITY COMPANY, Plaintiff, Counter-Defendant-Appellant, v. KENNY CONSTRUCTION COMPANY, et al., Defendants, Counter-Defendants-Appellees, and City of Chicago, a Municipal Corporation, Defendant, Counter-Plaintiff-Appellee. ROYAL INDEMNITY COMPANY, Plaintiff, Counter-Defendant-Appellee, v. KENNY CONSTRUCTION COMPANY, a corporation, et al., Defendants, Counter-Defendants-Appellants, and City of Chicago, a Municipal Corporation, Defendant, Counter-Plaintiff-Appellant.

United States Court of Appeals, Seventh Circuit.

Decided December 15, 1975.

Rehearing Denied January 15, 1976.

Attorney(s) appearing for the Case

Henry J. Marquard, Edward V. Scoby, Chicago, Ill., for Royal Indemnity Co.

James H. O'Brien and Kevin M. O'Keefe, Chicago, Ill., for Kenny Const. Co.

William R. Quinlan, Acting Corp. Counsel, Edmund Hatfield, Asst. Corp. Counsel, Chicago, Ill., for City of Chicago.

George C. Rabens and Marvin Glassman, Chicago, Ill., for Borowsky.

Before CUMMINGS and TONE, Circuit Judges, and KUNZIG, Judge.

KUNZIG, Judge:

In this indemnity action plaintiff insurer, Royal Indemnity Co. (Royal), brings a declaratory judgment action (based on diversity)1 against its insured, a joint venture, composed of Kenny Construction Co., S. A. Healy Co., and James McHugh Construction Co. (the Venture), against the City of Chicago (the City) and against various Chicago property owners (owners). Royal seeks a judgment that it is not liable for various items...

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