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NEENAH FOUNDRY CO. v. NATIONAL SURETY CORP.

Gen. No. 49,087.

47 Ill. App.2d 427 (1964)

197 N.E.2d 744

Neenah Foundry Company, a Corporation, Plaintiff-Appellee, v. National Surety Corporation, a Corporation, Defendant-Appellant. National Surety Corporation, a Corporation, Cross and Third Party Plaintiff-Appellant, v. Chesterfield Sewer & Water, Inc., a Corporation, Robert L. Wesson, et al., Cross and Third Party Defendant-Appellees.

Appellate Court of Illinois — First District, First Division.

March 30, 1964.

Attorney(s) appearing for the Case

Dent, Hampton & Doten, of Chicago, for appellant.

Joseph J. Levin and Leonard J. Braver, of Chicago (Leonard J. Braver, of counsel), for appellee.

MR. JUSTICE BURMAN delivered the opinion of the court.

In this action Neenah Foundry Company, materialman, plaintiff, sued defendants, Golden Valley Homes, Inc., owner, Chesterfield Sewer & Water, Inc., contractor, and National Surety Corporation, surety on contractor's bond, to recover $3,985 for materials alleged to have been furnished by plaintiff to the contractor and used in the construction of a sewer. Defendants, Chesterfield Sewer & Water, Inc., and...

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