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STEWART WARNER CORP. v. BURNS INTERNAT'L SEC. SERV., INC.

No. 71 C 336.

343 F.Supp. 953 (1972)

STEWART WARNER CORPORATION, Plaintiff, v. BURNS INTERNATIONAL SECURITY SERVICES, INC., Defendant.

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

June 28, 1972.

Attorney(s) appearing for the Case

Holland C. Capper, Geoffrey G. Gilbert, McBride, Baker, Wienke & Schlosser, Chicago, Ill., for plaintiff.

John M. Moelmann, Perry L. Fuller, Hinshaw, Culbertson, Moelmann, Hoban & Fuller, Chicago, Ill., for defendant.

MEMORANDUM OPINION AND ORDER

McLAREN, District Judge.

This matter arises on defendant's motions to dismiss Count V of the third amended complaint and to substitute the Sun Insurance Company of New York ("Sun") as plaintiff. The motion to dismiss Count V is granted and the motion to substitute Sun is denied.

Plaintiff's action alleges that certain of its personal property stored in a portion of a building it had leased was damaged because of a fire...

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