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BOARD OF EDUCATION v. PACIFIC NAT. FIRE INS.

Gen. No. 47,384.

19 Ill. App.2d 290 (1958)

153 N.E.2d 498

Board of Education, Northfield Township High School, District No. 225, Cook County, Illinois, for Use of Samuel S. Palumbo, d/b/a Palumbo Excavating Co., and Samuel S. Palumbo, d/b/a Palumbo Excavating Co., Appellants, v. Pacific National Fire Insurance Company, a California Corporation, and United Pacific Insurance Company, a Washington Corporation, and Jacobson Bros. Co., an Illinois Corporation, Appellees.

Appellate Court of Illinois — First District, Second Division.

Rehearing denied November 13, 1958.

Released for publication November 13, 1958.

Attorney(s) appearing for the Case

Eckhart, Klein, McSwain & Campbell, of Chicago (John Neal Campbell, M.A. Palumbo, of counsel) for plaintiffs-appellants.

Sonnenschein, Lautmann, Levinson, Rieser, Carlin & Nath, of Chicago (Jack I. Levy, James M. Goff, Julius Lewis, of counsel) for defendants-appellees.

JUSTICE MURPHY delivered the opinion of the court.

This is an action at law by a subcontractor seeking payment of a balance due him for excavating services in the construction of a public high school. Plaintiff appealed from an adverse summary judgment direct to the Illinois Supreme Court, contending that the validity of a statute was involved, but the Supreme Court transferred the case to this court on defendants'...

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