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SEVENTH AVE. BOUTIQUE, INC. v. AETNA INS. CO.

No. 83 C 2194.

573 F.Supp. 1027 (1983)

SEVENTH AVENUE BOUTIQUE, INC., Plaintiff, v. AETNA INSURANCE COMPANY and Small Business Administration, Defendants.

United States District Court, N.D. Illinois, E.D.

October 31, 1983.

Attorney(s) appearing for the Case

George C. Rabens, Rabens, Formusa & Glassman, Ltd., Chicago, Ill., for plaintiff.

Dan K. Webb, U.S. Atty., Chicago, Ill., Mary S. Rigdon, Asst. U.S. Atty., for the Small Business Admin.

Daniel J. Leahy, Leahy & Eisenberg, Ltd., Chicago, Ill., for Aetna Ins. Co.

MEMORANDUM OPINION AND ORDER

SHADUR, District Judge.

Seventh Avenue Boutique, Inc. ("Boutique")1 sued Aetna Insurance Company ("Aetna") for payment under a business personal property hazard insurance policy (the "Policy"). Boutique also named its secured lender, Small Business Administration ("SBA"), as a defendant, asserting the loss payable clause under the Policy entitled SBA to all the insurance proceeds. Aetna has deposited...

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