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GULF INSURANCE COMPANY v. DOOLEY

No. 68 C 155.

286 F.Supp. 16 (1968)

GULF INSURANCE COMPANY, Plaintiff, v. John J. DOOLEY, Rozella M. Dooley, John James Dooley, Jr., a minor, Mark Totzke, a minor and Edwin J. Totzke, father and next friend of Mark Totzke, a minor, Defendants.

United States District Court N. D. Illinois, E. D.

June 28, 1968.

Attorney(s) appearing for the Case

O'Brien, Hanrahan, Wolfe & Been, Chicago, Ill., for plaintiff Gulf Ins. Co.

Corrigan, Mackay, Quetsch & O'Reilly, Wheaton, Ill., for defendants John J. Dooley, Rozella M. Dooley and John James Dooley, Jr.

Fred Lambruschi, Chicago, Ill., for defendant Mark Totzke, a minor and Edwin J. Totzke, father and next friend of Mark Totzke, a minor.

MEMORANDUM AND ORDER

ROBSON, District Judge.

The plaintiff, Gulf Insurance Company, has filed this declaratory judgment suit to determine whether it has an obligation to defend a lawsuit now pending against one of its insureds. This court is of the opinion that this case is ripe for declaratory relief, but that the complaint and the exhibits on their face reveal that the plaintiff does have an obligation to defend.

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