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MELBOURNE CORP. v. U.S. FIDELITY & GUARANTY CO.

No. 79-2394.

93 Ill. App.3d 702 (1981)

417 N.E.2d 717

MELBOURNE CORPORATION, Plaintiff-Appellant, v. UNITED STATES FIDELITY AND GUARANTY COMPANY, Defendant-Appellee.

Appellate Court of Illinois — First District (1st Division).

Rehearing denied March 23, 1981.

Attorney(s) appearing for the Case

Maurice L. Davis, of Hoffman & Davis, of Chicago, for appellant.

Robert L. Kiesler and Marvin D. Berman, both of Kielser & Berman, of Chicago, for appellee.

Judgment affirmed.

Mr. JUSTICE McGLOON delivered the opinion of the court:

Plaintiff, Melbourne Corporation, brought an action against United States Fidelity and Guaranty Company upon a surety bond issued by it. The trial court entered judgment for defendant. Plaintiff appeals, arguing that the conservator of an estate committed a devastavit by not paying a claim after plaintiff made a demand and that it is entitled to recover from the surety.

We affirm...

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