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COMMERCIAL INS. CO. OF NEWARK, NEW JERSEY v. KRAIN

No. 92 C 8353.

843 F.Supp. 404 (1994)

COMMERCIAL INSURANCE COMPANY OF NEWARK, NEW JERSEY, Plaintiff, v. Lawrence S. KRAIN, Defendant.

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

January 19, 1994.

Attorney(s) appearing for the Case

Frank L. Schneider, Marta Ann Stein, Clausen, Miller, Gorman, Caffrey & Witous, P.C., Chicago, IL, for Commercial Ins. Co., of Newark, New Jersey.

Ralph C. Hardesty, Hardesty, Wolf & Walkowicz, Chicago, IL, for Lawrence S. Krain.

MEMORANDUM OPINION AND ORDER

ASPEN, District Judge:

Plaintiff Commercial Insurance Company of Newark, New Jersey brings this four-count complaint against defendant Lawrence S. Krain, seeking rescission of two insurance policies issued to the defendant, and restitution of amounts paid to him thereunder. Presently before the court is Krain's motion to dismiss for failure to state a claim and for failure to comply with the applicable statute of limitations...

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