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MERIT INS. CO. v. COLAO

No. 78-1460.

603 F.2d 654 (1979)

MERIT INSURANCE COMPANY, an Illinois Corporation, Plaintiff-Appellant, v. Anthony COLAO et al., Defendants-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided August 7, 1979.

Rehearing and Rehearing Denied November 6, 1979.

Attorney(s) appearing for the Case

Charles J. O'Laughlin, Jenner & Block, Chicago, Ill., for plaintiff-appellant.

Thomas J. Weithers, Chicago, Ill., for defendants-appellees.

Before SWYGERT, LAY and WOOD, Circuit Judges.

Rehearing and Rehearing In Banc Denied November 6, 1979.

SWYGERT, Circuit Judge.

This diversity suit was started in 1975. The complaint, as amended, contained three counts. Count I alleged negligence; Count II —gross negligence; and Count III—fraud. At the pretrial stage, the district court dismissed the negligence counts for failure to state a claim and proceeded to try the craud issue to a jury. For four months, November 1, 1977 to February...

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