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FIDELITY & DEPOSIT CO. OF MD. v. EDWARD E. GILLEN CO.

Nos. 18-2144 & 18-3446.

926 F.3d 318 (2019)

FIDELITY AND DEPOSIT COMPANY OF MARYLAND, Plaintiff-Appellant, v. EDWARD E. GILLEN COMPANY, Defendant-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided June 3, 2019.

Attorney(s) appearing for the Case

Cornelius F. Riordan , Attorney, SCHUYLER, ROCHE & CRISHAM, P.C., Chicago, IL, for Plaintiff-Appellant.

Scott R. Halloin , Attorney, HALLOIN LAW GROUP, S.C., Milwaukee, WI, for Defendants-Appellee.

Before Easterbrook, Sykes, and Brennan, Circuit Judges.

Although linguists call Latin a "dead language," legal nomenclature dies hard. This case presents a surety's claim for quia timet—equitable protection from probable future harm. The surety (an insurance company) is suing its principal (a construction company) that allegedly went belly up on a government project...

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