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FIDELITY & DEPOSIT CO. OF MD. v. McCLURE QUARRIES, INC.

No. P-CIV-73-69.

376 F.Supp. 293 (1974)

FIDELITY AND DEPOSIT COMPANY OF MARYLAND, a corporation, Plaintiff, v. McCLURE QUARRIES, INC., et al., Defendants.

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

June 13, 1974.

Attorney(s) appearing for the Case

Gary L. Griffin, Dent, Hampton & McNeela, Chicago, Ill., Eugene R. Johnson, Westervelt, Johnson, Nicoll & Keller, Peoria, Ill., for plaintiff.

Pearson R. Crosby and Robert W. Deffenbaugh, Drach, Terrell & Deffenbaugh, Springfield, Ill., Burrel Barash, Barash & Stoerzbach, Galesburg, Ill., for defendants.

DECISION AND ORDERS ON MOTION

ROBERT D. MORGAN, Chief Judge.

This is a suit by plaintiff, Fidelity, upon certain indemnity agreements alleged to have been executed by the defendant, McClure Quarries, Inc., and others.

From the file it appears that D. E. Lynch, Jr., hereinafter Lynch, and R. J. Shanks, hereinafter Shanks, were the president and secretary, respectively, of the defendant, McClure, an Illinois corporation, of Clark Brothers, Inc., hereinafter...

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