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TRUSTEES OF INDIANA UNIV. v. AETNA CAS. & SUR. CO.

No. 89-2914.

920 F.2d 429 (1990)

The TRUSTEES OF INDIANA UNIVERSITY, Plaintiff-Appellant, v. The AETNA CASUALTY & SURETY COMPANY, Defendant-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided December 11, 1990.

Attorney(s) appearing for the Case

Brent D. Taylor, Terrill D. Albright, David K. Herzog, Baker & Daniels, Indianapolis, Ind., for plaintiff-appellant.

Julia M. Blackwell, Hugh E. Reynolds, Jr., Richard A. Huser, Locke, Reynolds, Boyd & Weisell, Robert A. Kelso, New Albany, Ind., for defendant-appellee.

Before BAUER, Chief Judge, CUMMINGS, Circuit Judge, and PELL, Senior Circuit Judge.

BAUER, Chief Judge.

Before us is the appeal of the Trustees of the Indiana University ("I.U.") from a jury verdict and judgment in a diversity suit for breach of contract. I.U. sued The Aetna Casualty & Surety Company ("Aetna") over the deterioration of exterior facing bricks in four buildings at I.U.'s Southeast Regional Campus. Aetna was the surety for Mid Republic Construction Company ("Mid Republic"), the contractor that began the construction of the buildings...

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