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AURORA BLACKTOP INC. v. AMERICAN SOUTHERN INS. CO.

No. 10-3229.

654 F.3d 713 (2011)

CITY OF YORKVILLE, also known as United City of Yorkville for the Use and Benefit of AURORA BLACKTOP INCORPORATED, Plaintiff-Appellant, v. AMERICAN SOUTHERN INSURANCE COMPANY and Ocean Atlantic Service Corporation, Defendants-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided August 12, 2011.

Attorney(s) appearing for the Case

Jean C. Francissen , Attorney, Dickson & Hasenbalg, Aurora, IL, for Plaintiff-Appellant.

Grace Winkler Cranley , Attorney, Chicago, IL, for Defendants-Appellees.

Before ROVNER, WILLIAMS, and HAMILTON, Circuit Judges.

WILLIAMS, Circuit Judge.

Aurora Blacktop ("Aurora") filed this lawsuit, claiming that it is entitled to the proceeds of certain bonds issued by American Southern Insurance Company ("American Southern") in favor of the City of Yorkville. The district court found that Aurora did not have standing to sue, and dismissed the case. We find that Aurora is not a third-party beneficiary to the bonds because there is no language in the bonds suggesting that American Southern...

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