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WEST BEND MUT. INS. CO. v. PROCACCIO PAINTING

Case No. 12 C 6425.

928 F.Supp.2d 976 (2013)

WEST BEND MUTUAL INSURANCE COMPANY, Plaintiff, v. PROCACCIO PAINTING AND DRYWALL COMPANY, INC., Defendant.

United States District Court, N.D. Illinois, Eastern Division.

March 5, 2013.

Attorney(s) appearing for the Case

Daniel J. Cunningham , Ann Elizabeth Oconnor , Tressler LLP, Chicago, IL, for Plaintiff.

Charles Lincoln Philbrick , Abigail Jane Jung , Emily A. Shupe , Gregory Wheeler Jones , Rathje & Woodward, LLC, Wheaton, IL, for Defendant.

MEMORANDUM OPINION AND ORDER

HARRY D. LEINENWEBER, District Judge.

Before the Court are two motions by Defendant Procaccio Painting and Drywall Company, Inc. (hereinafter, "Defendant" or "Procaccio"). The first is Procaccio's Motion to Dismiss Count I of the Complaint. The second is a Motion for Summary Judgment on Count II of the Complaint and Counts I-IV of Procaccio's Counterclaim. For the reasons stated herein, the Motion to Dismiss is granted...

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