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GREAT AMERICAN INSURANCE COMPANY v. STILLEY

Civ. No. 5098.

212 F.Supp. 303 (1962)

GREAT AMERICAN INSURANCE COMPANY, a Corporation, Plaintiff, v. Leon B. STILLEY, d/b/a Leon B. Stilley Construction Co.; Marquette Cement Mfg. Co., a Corporation; Central Stone Company, a Corporation; and W. J. Payes, Jr., Director, Department of Public Works and Buildings, Division of Highways, State of Illinois, Defendants.

United States District Court E. D. Illinois.

December 6, 1962.

Attorney(s) appearing for the Case

Goldenhersh & Goldenhersh, East St. Louis, Ill., Kenney & Flint, St. Louis, Mo., for plaintiff.

Wagner, Conner, Ferguson, Bertrand & Baker, East St. Louis, Ill., for defendant Leon B. Stilley.

Norman, Engelhardt, Zimmerman, Franke & Lauritzen and Ralph Miller, Chicago, Ill., Bookwalter, Carter, Gunn & Hickman, Danville, Ill., Costello, Wiechert, Roberts, Gundlach, East St. Louis, Ill., for defendant Marquette Cement Mfg. Co.

Oehmke, Dunham, Boman & Leskera, East St. Louis, Ill., for defendant Central Stone Co.

Wm. G. Clark, Atty. Gen. of Illinois, Springfield, Ill., Paul P. Waller, Jr., Asst. Atty. Gen., East St. Louis, Ill., for defendant W. J. Payes, Jr.

JUERGENS, District Judge.

The plaintiff, Great American Insurance Company, seeks exoneration and equitable relief.

Plaintiff executed various bonds as surety for defendant Leon B. Stilley pursuant to certain highway and road construction between Stilley and the Division of Highways, Department of Public Works and Buildings, State of Illinois. The complaint alleges that Stilley has certain bills outstanding which were incurred in the performance of the contracts...

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