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EDWARD E. GILLEN v. INS. CO. OF THE STATE OF PA

Case No. 10-C-564.

747 F.Supp.2d 1058 (2010)

EDWARD E. GILLEN CO., Plaintiff, v. The INSURANCE COMPANY OF THE STATE OF PENNSYLVANIA and Lexington Insurance Company, Defendants.

United States District Court, E.D. Wisconsin.

November 2, 2010.

Attorney(s) appearing for the Case

Heather K. Gatewood , Tara M. Mathison , Davis & Kuelthau SC, Milwaukee, WI, for Plaintiff.

James J. Kriva , Kasdorf Lewis & Swietlik SC, Milwaukee, WI, Lawrence Klein , Timothy D. Kevane , Sedgwick Detert Moran & Arnold LLP, New York, NY, Jeffrey A. Goldwater , Robert A. Chaney , Lewis Brisbois Bisgaard & Smith LLP, Chicago, IL, for Defendants.

DECISION AND ORDER

RUDOLPH T. RANDA, District Judge.

In 2006, Edward E. Gillen Company ("Gillen") was hired to design and install an earth retention system ("ERS"), the purpose of which was to stabilize the ground to enable the construction of a new school building for the Latin School of Chicago. On May 2, 2006, an adjacent property owner sustained damage and the project was delayed, ultimately resulting...

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