U.S. v. SECURITY MANAGEMENT CO., INC.

Nos. 95-2579, 95-2693.

96 F.3d 260 (1996)

UNITED STATES of America, Plaintiff, v. SECURITY MANAGEMENT COMPANY, INCORPORATED, Defendant-Third Party Plaintiff-Appellee. AETNA CASUALTY AND SURETY COMPANY, a foreign corporation, Intervening Defendant-Appellant, v. VIGILANT INSURANCE COMPANY, Third Party Defendant-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided September 16, 1996.

Rehearing Denied October 24, 1996.


Attorney(s) appearing for the Case

Nathan A. Fishbach, Office of U.S. Attorney, Milwaukee, WI, Jessica Dunsay Silver, Gregory B. Friel, Department of Justice, Civil Rights Division, Appellate Section, Washington, DC, Paul F. Hancock, U.S. Department of Justice, Civil Rights Div., Housing & Civil Enf., Washington, DC, for Plaintiff.

William J. Mulligan, Michael R. Wherry (argued), James E. Culhane, Davis & Kuelthau, Milwaukee, WI, Robert A. Smith, Riester, Smith & McCarthy, Milwaukee, WI, for Defendants-Appellees Security Management Company, Inc., in No. 95-2579; Cedar Place, Evergreen Square, Heritage Village Apartments, Southtowne Village I, Southtowne IV, Heritage Arms, Security Three, Mark V Partnership, John J. Mark, John P. Mark, Joseph Mark, Janice Mark, William P. Mark, Thomas G. Mark, Catherine Mark, Susan Frechette, Rodney Oilschlager, James Condor, William Sidesky in No. 95-2693.

John D. Bird, Jr. (argued), Bird, Martin & Salomon, Milwaukee, WI, for Aetna Casualty & Surety Company.

Edward A. Hannan (argued), Beth A. Thorson, Godfrey, Braun & Hayes, Milwaukee, WI, Michael R. Wherry, James E. Culhane, Davis & Kuelthau, Milwaukee, WI, for Vigilant Insurance Company in No. 95-2579.

Edward A. Hannan (argued), Beth A. Thorson, Majorie M. Greene, Godfrey, Braun & Hayes, Milwaukee, WI, for Vigilant Insurance Company in No. 95-2693.

Katherine L. Charlton, Schneidman, Myers, Dowling & Blumenfield, Milwaukee, WI, for Intervenors-Plaintiffs Metropolitan Milwaukee Fair Housing Council, Fair Housing Counsel of Fox Valley, Kevin Tate, Shuying N. Vang, Xiong Lee.

Before WOOD, Jr., ESCHBACH, and DIANE P. WOOD, Circuit Judges.


HARLINGTON WOOD, Jr., Circuit Judge.

This complicated case arises out of a dispute over the meaning of a handful of seemingly simple words. The words in question are found in a primary insurance policy issued by Aetna Casualty and Surety Company ("Aetna") and in an "excess umbrella" policy issued by Vigilant Insurance Company ("Vigilant"). The feud concerns whether those words provide coverage to the policy holder, Security Management Company, Incorporated ("Security...

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