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UNIVERSAL BONDING INS. CO. v. ESKO & YOUNG, INC.

No. 90 C 02995.

749 F.Supp. 879 (1990)

UNIVERSAL BONDING INSURANCE COMPANY, a New Jersey corporation, Plaintiff, v. ESKO & YOUNG, INC., an Illinois corporation, Ira Rosenberg and Theresa A. Rosenberg, Defendants.

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

September 28, 1990.

Attorney(s) appearing for the Case

Edward P. McNeela, Neal R. Novak, McNeela & Griffin Ltd., Chicago, Ill., for plaintiff.

John A. Jeffries, Douglas J. Lipke, Kathryn L. Roseen, Keck Mahin & Cate, Gregory W. Beihl, Chicago, Ill., for defendants.

MEMORANDUM OPINION AND ORDER

ASPEN, District Judge:

The plaintiff, Universal Bonding Insurance Company, a New Jersey Corporation brought this contractual indemnity action against the corporate defendant, Esko & Young, Inc. ("Esko"), and the individual defendants Albert Ira Rosenberg and Theresa A. Rosenberg. Jurisdiction is based on diversity of citizenship, 28 U.S.C. § 1332. The Rosenbergs have moved to dismiss the action under 12(h) for lack of...

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