NEWBERG CONST. CO. v. FISCHBACH, ETC., INC.

Gen. No. 49,120.

46 Ill. App.2d 238 (1964)

196 N.E.2d 513

Gust K. Newberg Construction Co., a Corporation, Assignee of Metropolitan Fair and Exposition Authority, a Public Corporation, Appellant, v. Fischbach, Moore & Morrissey, Inc., and Indemnity Insurance Company of North America, Appellees.

Appellate Court of Illinois — First District, Third Division.

Rehearing denied March 9, 1964.


Attorney(s) appearing for the Case

Peterson, Lowry, Rall, Barber & Ross, all of Chicago (Harold W. Huff, John W. Gilligan and Thomas K. Peterson, of counsel), for appellant.

Vogel & Vogel, of Chicago (L.H. Vogel and Albert F. Manion, of counsel), for appellees.


MR. JUSTICE McCORMICK delivered the opinion of the court.

Gust K. Newberg Construction Co. (hereafter referred to as Newberg) brought an action for declaratory judgment in the Superior Court of Cook County against Fischbach, Moore & Morrissey, Inc. (hereafter referred to as Fischbach), and its insurer, Indemnity Insurance Company of North America. The defendants appeared and filed a joint motion to strike and dismiss the amended complaint of Newberg on the grounds...

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