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USG CORP. v. BROWN

No. 89 C 2874.

809 F.Supp. 573 (1992)

USG CORPORATION, a Delaware corporation; and USG Interiors, Inc., a Delaware corporation, Plaintiffs, v. Donald A. BROWN, an individual; Donald A. Brown, as trustee of the Revocable Living Trust dated September 29, 1976; and Manufacturers National Bank of Detroit, as trustee of the Irrevocable Trust dated July 22, 1976, Defendants.

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

October 26, 1992.

Attorney(s) appearing for the Case

James J. Casey, Michael J. Dolesh, Keck, Mahin & Cate, Robert Wayne Hallock, D'Ancona & Pflaum, Chicago, IL, for plaintiffs.

Robert E. Graziana, Robert D. Watkins, Marco, Eagan, Kennedy & Timmis, Grosse Pointe, MI, for Donald A. Brown, Revocable Living Trust Dated September 29 1976.

Janet Lynn Reed, Alan Norris Salpeter, Mayer, Brown & Platt, Chicago, IL, Robert E. Graziana, Robert D. Watkins, Marco, Eagan, Kennedy & Timmis, Grosse Pointe, MI, for Manufacturers Nat. Bank of Detroit.

MEMORANDUM AND ORDER

MORAN, Chief Judge.

In this diversity case, plaintiffs USG Corporation and USG Interiors, Inc. (USG) seek indemnification from defendants (Brown), pursuant to a merger agreement, for costs incurred as a result of alleged violations of environmental laws and regulations prior to the merger date. Before us now is USG's motion for summary judgment on the issue of liability under Article 4(d) of the indemnity agreement. For the reasons below...

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