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ATCHISON, TOPEKA v. ST. PAUL SURPLUS LINES INS.

No. 1-99-4494.

767 N.E.2d 827 (2002)

328 Ill. App.3d 711

263 Ill.Dec. 101

The ATCHISON, TOPEKA and SANTA FE RAILWAY COMPANY, Plaintiff-Appellant, v. ST. PAUL SURPLUS LINES INSURANCE COMPANY, et al., Defendants-Appellees.

Appellate Court of Illinois, First District, First Division.

March 11, 2002.

Attorney(s) appearing for the Case

Weston W. Marsh and Michael J. Scotti, III of Freeborn & Peters, Chicago, for for Appellant.

Jeffrey J. Bouslog, of counsel, of Oppenheimer Wolff & Donnelly LLP, Minneapolis, MN, and Jeffrey A. Siderius, of Morse & Bolduc, Chicago, for Defendants-Appellees.

Justice TULLY delivered the opinion of the court:

This appeal arises from a declaratory judgment action brought by The Burlington Northern Santa Fe Railway Company, successor in interest to The Atchison, Topeka and Santa Fe Railway Company (Santa Fe), to determine whether defendant, St. Paul Surplus Lines Insurance Company (St. Paul), has an obligation to defend and indemnify Santa Fe in four underlying personal injury lawsuits against Santa Fe. The circuit court...

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