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GEORGE SOLLITT CONST. CO. v. GATEWAY ERECTORS, INC.

No. 12312.

260 F.2d 165 (1958)

GEORGE SOLLITT CONSTRUCTION COMPANY, a corporation, Plaintiff-Appellee, v. GATEWAY ERECTORS, INCORPORATED, a corporation, Defendant-Appellant, and The Fidelity and Casualty Company of New York, a corporation, Defendant.

United States Court of Appeals Seventh Circuit.

Rehearing Denied November 18, 1958.

Attorney(s) appearing for the Case

Harold W. Huff, Chicago, Ill., Peterson, Lowry, Rall, Barber & Ross, Chicago, Ill. (A. R. Peterson, Owen Rall, Herbert C. Loth, Jr., Chicago, Ill., of counsel), for defendant.

Robert B. Johnstone, Charles J. O'Laughlin, Chicago, Ill. (L. H. Vogel, Chicago, Ill.), for appellee.

Before DUFFY, Chief Judge, and SCHNACKENBERG and HASTINGS, Circuit Judges.

SCHNACKENBERG, Circuit Judge.

Gateway Erectors, Incorporated, a corporation,1 has appealed from a judgment of the district court in favor of plaintiff, entered in an action at law in which the cause was submitted to the court on the pleadings and a stipulation of facts. Plaintiff's action was brought to recover damages for an alleged breach of an indemnity clause appearing in each of two written agreements between it and Gateway. The judgment...

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