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ST. PAUL FIRE & MARINE INS. v. PROTECTION MUT. INS.

No. 85 C 9678.

664 F.Supp. 328 (1987)

ST. PAUL FIRE & MARINE INSURANCE COMPANY, a Minnesota corporation, Plaintiff, v. PROTECTION MUTUAL INSURANCE COMPANY, an Illinois corporation, Defendant.

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

April 1, 1987.

Attorney(s) appearing for the Case

Henry R. Daar, Stephen D. Marcus, Clausen Miller Gorman Caffrey & Witous, Chicago, Ill., for plaintiff.

Roseann Oliver, Peter M. King, Phelan Pope and John, Chicago, Ill., for defendant.

MEMORANDUM OPINION AND ORDER

ASPEN, District Judge:

In this diversity action, plaintiff St. Paul Fire & Marine Insurance Co. ("St. Paul") seeks to recover from defendant Protection Mutual Insurance Co. ("Protection Mutual") the amount of $2,052,800 it paid to their mutual insured, the Caterpillar Tractor Company ("Caterpillar"). Currently before the Court are the parties' cross-motions for summary judgment. For the reasons noted, we deny plaintiff's...

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