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FLUOR CORPORATION v. ILLINOIS POWER COMPANY

No. 14073.

326 F.2d 374 (1964)

The FLUOR CORPORATION, Ltd., a California Corporation, Plaintiff-Appellee, v. ILLINOIS POWER COMPANY, an Illinois Corporation, Defendant-Appellant.

United States Court of Appeals Seventh Circuit.

January 9, 1964.

Attorney(s) appearing for the Case

Robert L. Stern, James B. O'Shaughnessy, Chicago, Ill., Herbert A. Friedlich, David M. Wishnick, Chicago, Ill., Mayer, Friedlich, Spiess, Tierney, Brown & Platt, Chicago, Ill., Alexander Polikoff, Chicago, Ill., Dallstream, Schiff, Hardin, Waite & Dorschel, Chicago, Ill., for appellant.

Owen Rall, Chicago, Ill., Timothy I. McKnight, Evanston, Ill., James D. Harris, Los Angeles, Cal., Herbert C. Loth, Jr., Chicago, Ill., Peterson, Lowry, Rall, Barber & Ross, Chicago, Ill., Voegelin, Barton, Harris & Callister, Los Angeles, Cal., of counsel, for appellee.

Before HASTINGS, Chief Judge, and CASTLE and KILEY, Circuit Judges.

HASTINGS, Chief Judge.

This action was brought by The Fluor Corporation, Ltd., against Illinois Power Company (IPC) to recover $500,786.93, which represents the balance claimed to be due under a cost-plus contract to build an addition to a power plant.

IPC denied liability and counter-claimed for $2,500,000, claiming that Fluor breached the contract by not supervising its labor force with reasonable care and skill, thus increasing IPC's costs.

The...

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