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FIDELITY AND DEPOSIT CO. OF MD. v. KREBS ENGINEERS

Nos. 87-1236, 87-1306.

859 F.2d 501 (1988)

FIDELITY AND DEPOSIT COMPANY OF MARYLAND, Plaintiff, v. KREBS ENGINEERS, Defendant-Appellee, Cross-Appellant. and Midwesco, Inc. and United States Fidelity & Guarantee Company, Defendants-Appellants, Cross-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided October 5, 1988.

Rehearing and Rehearing Denied November 30, 1988.

Attorney(s) appearing for the Case

Aram A. Hartunian, Hartunian, Futterman & Howard, Chicago, Ill., for defendants-appellants, cross-appellees.

C. Lee Cook, Jr., Chadwell & Kayser, Ltd., Chicago, Ill., for defendant-appellee, cross-appellant.

Before CUMMINGS, WOOD, Jr. and MANION, Circuit Judges.

Rehearing and Rehearing In Banc Denied November 30, 1988.

MANION, Circuit Judge.

In the early 1970's, two Wisconsin towns hired Scotty Smith Construction Company ("Scotty") to build an incinerator to burn their garbage. That action spawned a series of events that eventually resulted in a lawsuit that now has been in the federal courts for almost ten years. This is the suit's second appearance before this court. See Fidelity & Deposit Co. of Maryland...

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