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CONSOLIDATED CONST. CO. v. MALAN CONST. CORP.

Gen. No. 48,769.

42 Ill. App.2d 272 (1963)

192 N.E.2d 263

Consolidated Construction Company, Inc., a Corporation, Plaintiff-Appellant, v. Malan Construction Corp., a Corporation, et al., and City of Chicago, a Municipal Corporation, Defendants-Appellees.

Appellate Court of Illinois — First District, Third Division.

Supplemental Opinion, July 17, 1963.

Rehearing denied July 17, 1963.

Attorney(s) appearing for the Case

Leon J. Garrie, of Chicago (Harvey Goldstein, of counsel), for appellant.

John C. Melaniphy, Corporation Counsel, of Chicago (Sydney R. Drebin and Robert J. Collins, Assistant Corporation Counsel, of counsel), for appellee, City of Chicago. Concannon, Dillon, Snook & Morton, of Chicago (Herbert Morton and Louis Bacon, of counsel), for appellee, Malan Const. Corp.

MR. PRESIDING JUSTICE DEMPSEY delivered the opinion of the court.

Consolidated Construction Co. was a subcontractor engaged by the defendant, Malan Construction Corp. Malan had an $18,366,000 contract with its codefendant, the City of Chicago, for the erection of terminal buildings at Chicago-O'Hare International Airport. Consolidated claimed it was not fully paid for work done and material furnished and, after serving a lien upon the City for $1,153,330.16, brought...

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