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KINZER v. FIDELITY AND DEPOSIT CO. OF MARYLAND

No. 1-94-0245.

652 N.E.2d 20 (1995)

273 Ill. App.3d 211

209 Ill.Dec. 706

Phyllis C. KINZER, a Taxpayer of the City of Chicago, on Behalf of and for the Benefit of, the CITY OF CHICAGO, Plaintiff-Appellee and Cross-Appellant, v. FIDELITY AND DEPOSIT COMPANY OF MARYLAND, Defendant-Appellant and Cross-Appellee (City of Chicago, et al., Defendants).

Appellate Court of Illinois, First District, Second Division.

May 16, 1995.

Attorney(s) appearing for the Case

Robert S. Atkins & Associates, Chicago (Robert S. Atkins, of counsel), for plaintiff-appellee and cross-appellant.

McNeela & Griffin Ltd., Chicago (Cornelius F. Riordan, Edward P. McNeela, Mary E. Gardner, of counsel), for defendant-appellant and cross-appellee.

AS MODIFIED UPON DENIAL OF PETITIONS FOR REHEARING

Presiding Justice SCARIANO delivered the opinion of the court:

Fidelity and Deposit Company of Maryland ("Fidelity") appeals from the grant of partial summary judgment in favor of Phyllis C. Kinzer ("Kinzer") holding Fidelity liable under a Public Employees' Bond (the "bond"), which Fidelity issued to the City of Chicago (the "City") in 1977, and from a grant of summary judgment in favor of Kinzer...

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