U.S. FID. & GUAR. v. OLD ORCHARD PLAZA

Nos. 1-93-3385, 1-94-0998.

672 N.E.2d 876 (1996)

284 Ill. App.3d 765

220 Ill.Dec. 59

UNITED STATES FIDELITY AND GUARANTY COMPANY, Fidelity And Guaranty Life Insurance Company, USF & G Realty Advisors, Inc. and Charles R. Werhane, as Trustees, Plaintiffs-Appellees, v. OLD ORCHARD PLAZA LIMITED PARTNERSHIP, LP Equity Associates Limited Partnership, and LaSalle Partners Asset Management Limited Partnership, Defendants-Appellees. BRUNSWICK CORPORATION, Intervenor and Plaintiff-Appellant, v. Jerry BURIN, as Receiver, United States Fidelity And Guaranty Company, Fidelity And Guaranty Life Insurance Company, Mercantile Mortgage Corporation, Michael S. Cordes, as Trustee, Old Orchard Plaza Limited Partnership, LP Equity Associates Limited Partnership, and LaSalle Partners Asset Management Limited Partnership, Defendants-Appellees.

Appellate Court of Illinois, First District, First Division.

Rehearing Denied November 27, 1996.


Attorney(s) appearing for the Case

Winston and Strawn, Chicago (Richard J. Brennan, Brian E. Neuffer, Jack J. Crowe, of counsel) and Brunswick Corporation, Lake Forest (Robert T. McNaney, General Counsel), for Intervenor and Plaintiff-Appellant.

LP Equity Associates and LaSalle Partners Asset Management, Kirkland and Ellis, Chicago (Thomas E. Dutton, of counsel), for Defendants-Appellees Old Orchard Plaza.

Alan J. Mandel, Ltd., Chicago (Alan J. Mandel, of counsel), for Defendants-Appellee Jerry Burin.

Fidelity Guaranty Life Insurance Co., USF & G Realty Advisors and Charles R. Werhane.

Sonnenschein, Nath and Rosenthal, Chicago (Richard L. Fenton, Catherine A. Van Horn, of counsel), for Plaintiffs-Appellees United States Fidelity & Guaranty.


Justice BUCKLEY delivered the opinion of the court:

This case arises out of the trial court's dismissal of intervening complaints filed by Brunswick Corporation (Brunswick) against United States Fidelity and Guaranty Company (USF & G), Jerry Burin, LaSalle Partners Asset Management Limited Partnership (LaSalle Partners), and a group of affiliated partnerships and corporations created and controlled by LaSalle Partners (collectively, the LaSalle Partner defendants...

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