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ATLANTIC CAS. INS. CO. v. PASZKO MASONRY, INC.

Nos. 12-2405, 12-2485.

718 F.3d 721 (2013)

ATLANTIC CASUALTY INSURANCE COMPANY, Plaintiff-Appellee, v. PASZKO MASONRY, INC. and Robert Rybaltowski, Defendants, and Chicago Masonry Construction, Inc.; Prince Contractors, Inc.; and 4929 Forest, LLC, Defendants-Appellants.

United States Court of Appeals, Seventh Circuit.

Decided June 7, 2013.

Attorney(s) appearing for the Case

Keith G. Carlson (argued), Attorney, Carlson Law Offices, Chicago, IL, for Plaintiff-Appellee.

Robert M. Chemers , Scott L. Howie (argued), Attorneys, Pretzel & Stouffer, G. Christopher Slick , Attorney, Tribler Orpett & Meyer, P.C., Chicago, IL, for Defendants-Appellants.

Before BAUER, POSNER, and FLAUM, Circuit Judges.

POSNER, Circuit Judge.

In this diversity suit governed by Illinois law, an insurance company seeks a declaratory judgment that it has no duty to defend any of the four defendant companies listed in the caption (Prince, Paszko, Chicago Masonry, and Forest) against Robert Rybaltowski's personal injury suit against those companies. The district court granted summary judgment in favor of Atlantic on the ground that Rybaltowski was a contractor and that therefore the insurance...

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