U.S. FIDELITY & GUAR. v. OLD ORCHARD PLAZA

Nos. 1-00-3215, 1-01-0321.

776 N.E.2d 812 (2002)

333 Ill. App.3d 727

267 Ill.Dec. 440

UNITED STATES FIDELITY AND GUARANTY COMPANY, a Maryland Corporation, Fidelity and Guaranty Life Insurance Company, a Maryland Corporation, USF&G Realty Advisors, Inc., a Maryland Corporation, and Charles R. Werhane, as Trustee, Plaintiffs, v. OLD ORCHARD PLAZA LIMITED PARTNERSHIP, an Illinois Limited Partnership, LP Equity Associates Limited Partnership, a Delaware Limited Partnership, and LaSalle Partners Asset Management Limited Partnership, a Delaware Limited Partnership, Defendants (Brunswick Corporation, a Delaware Corporation, Intervenor and Plaintiff-Appellee; Old Orchard Park Fidelity Associates Limited Partnership, an Illinois Limited Partnership, Diverse Real Estate Holdings Limited Partnership, f/k/a LP Equity Associates Limited Partnership, a Delaware Limited Partnership, S & S Equities, Inc., an Illinois Corporation, Lakewood Equities, Inc., an Illinois Corporation and Old Orchard Park Fidelity Limited Partnership, a Maryland Limited Partnership, Defendants-Appellants).

Appellate Court of Illinois, First District, Sixth Division.

August 30, 2002.


Attorney(s) appearing for the Case

Jack Carriglio, Meckler Bulger & Tilson, Chicago, for Appellant Old Orchard Park.

Brian E. Neuffer, Winston & Strawn, Chicago, for Appellee Brunswick Corp.


Justice BUCKLEY delivered the opinion of the court:

This case is before us a second time. In United States Fidelity & Guaranty Co. v. Old Orchard Plaza Limited Partnership, 284 Ill.App.3d 765, 220 Ill.Dec. 59, 672 N.E.2d 876 (1996) (USF&G I) we held, inter alia, that the allegations in Brunswick Corporation's (Brunswick...

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