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FIRST NAT. BANK OF CHICAGO v. FIDELITY & CAS. CO. OF N. Y.

No. 17571.

428 F.2d 499 (1970)

FIRST NATIONAL BANK OF CHICAGO, as Guardian of the Estates of Amal Fakhri, Ahmed Fakhri, v. The FIDELITY AND CASUALTY COMPANY OF NEW YORK, Defendant-Appellant, Semiramis Fakhri, Omar Fakhri and Aza Fakhri, Minors, Amal Fakhri, Ahmed Fakhri, Semiramis Fakhri, Omar Fakhri and Aza Fakhri, Minors, by First National Bank of Chicago, as Guardian of Their Estates, Plaintiffs-Appellees.

United States Court of Appeals, Seventh Circuit.

Rehearing Denied August 25, 1970.

Attorney(s) appearing for the Case

John R. Caffrey, James T. Ferrini, Clausen, Hirsh, Miller & Gorman, Chicago, Ill., for defendant-appellant.

Harry A. Ash, John J. Kennelly, William James Harte, Chicago, Ill., for plaintiffs-appellees; Roger J. Boylan, Howard S. Chapman, A. L. Cronin, Chicago, Ill., of counsel.

Before KNOCH and CUMMINGS, Circuit Judges, and STECKLER, District Judge.

STECKLER, District Judge.

Following the death of Suzy E. P. Fakhri resulting from an airplane crash, First National Bank of Chicago, as guardian of the estates of her minor children, sued The Fidelity and Casualty Company of New York (Fidelity) upon a policy of airline trip insurance. Fidelity refused to pay the policy benefits to the minors' estates claiming that the policy did not cover the fatal accident. Both parties moved for summary judgment. The District Court...

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