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BROWN & KERR INC. v. ST. PAUL FIRE AND MARINE INS. CO.

No. 95 C 1119.

940 F.Supp. 1245 (1996)

BROWN & KERR INCORPORATED, a corporation, Plaintiff, v. ST. PAUL FIRE AND MARINE INSURANCE COMPANY, a corporation, Defendant. ST. PAUL FIRE AND MARINE INSURANCE COMPANY, a corporation, Third-Party Plaintiff, v. BUCON, INC., d/b/a Butler Construction, Third-Party Defendant.

United States District Court, N.D. Illinois, Eastern Division.

September 12, 1996.

Attorney(s) appearing for the Case

Daniel Steven Mathless, Law Office of Daniel S. Mathless, Chicago, IL, for Brown & Kerr Incorporated.

James S. Stickles, Jr., Mary R. Kenney, Johnson & Bell, Ltd., Chicago, IL, for St. Paul Fire & Marine Ins. Co.

Peter Petrakis, Laura A. O'Connell, Katten, Muchin & Zavis, Chicago, IL, for Bucon Inc. dba Butler Construction.

MEMORANDUM OPINION AND ORDER

ANDERSEN, District Judge.

Plaintiff Brown & Kerr, Inc. ("BKI") moves for partial summary judgment on Count I of its Amended Complaint against defendant St. Paul Fire and Marine Insurance Company ("St. Paul"). For the following reasons, the motion for partial summary judgment is granted.

BACKGROUND

The following facts, taken from plaintiff's Amended Complaint and the parties' Local Rule 12M...

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