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FRONTIER INS. CO. v. HITCHCOCK

No. 11-3510.

712 F.3d 1036 (2013)

FRONTIER INSURANCE COMPANY, Plaintiff-Appellee, v. J. Roe HITCHCOCK, Timothy S. Durham, and Terry G. Whitesell, Defendants-Appellants.

United States Court of Appeals, Seventh Circuit.

Decided March 19, 2013.

Attorney(s) appearing for the Case

Thomas E. Roma, Jr. , Attorney, Parker & Connell, Louisville, KY, for Plaintiff-Appellee.

Stephen E. Plopper , Attorney, Plopper & Partners LLP, Indianapolis, IN, for Defendants-Appellants.

Before EASTERBROOK, Chief Judge, and BAUER and Wood, Circuit Judges.

EASTERBROOK, Chief Judge.

In 1999 Thomas Spencer, Curtis Spencer, and Cameron Evans (the Sellers) conveyed Evans Trailers and John Evans Sales Co. to CT Acquisition Corp. The price was to be paid over time. The Sellers wanted assurance of payment, so they insisted not only on a surety bond (put up by Frontier Insurance Co.) but also on personal guarantees by J. Roe Hitchcock, Timothy Durham, and Terry Whitesell (the Guarantors), the principals of CT Acquisition. Frontier...

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