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GIBRALTAR CAS. CO. v. SARGENT & LUNDY

No. 1-89-1277.

574 N.E.2d 664 (1990)

214 Ill. App.3d 768

158 Ill.Dec. 551

GIBRALTAR CASUALTY COMPANY, Plaintiff-Appellant and Cross-Appellee, v. SARGENT & LUNDY, Defendant-Appellee and Cross-Appellant (Wabash Valley Power Association, Defendant).

Appellate Court of Illinois, First District, Third Division.

Rehearing Denied June 19, 1991.

As Modified on Denial of Rehearing June 26, 1991.

Attorney(s) appearing for the Case

Peterson, Ross, Schloerb and Seidel, Chicago, for plaintiff-appellant and cross-appellee.

McDermott, Will and Emery, Chicago, for defendant-appellee and cross-appellant.

MODIFIED ON DENIAL OF REHEARING

Presiding Justice CERDA delivered the opinion of the court:

Plaintiff, Gibraltar Casualty Company, appeals from the entry of summary judgment in favor of defendant, Sargent & Lundy Engineers ("S & L"), in plaintiff's declaratory judgment action which sought a declaration that plaintiff did not have the duty to defend or indemnify S & L, its insured, which had been sued in federal court. Plaintiff argues that: ...

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