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MORCK v. NICOSIA

Gen. No. 51,289.

91 Ill. App.2d 327 (1968)

235 N.E.2d 287

Leroy Morck, Plaintiff-Appellant, v. Frank Nicosia, Individually, and d/b/a Capital Construction Co., Defendant-Appellee.

Appellate Court of Illinois — First District, First Division.

January 29, 1968.

Attorney(s) appearing for the Case

Epton, McCarthy, Bohling & Druth, of Chicago (Edward A. McCarthy, David S. Kreisman, and Alan R. Miller, of counsel), for appellant.

McKinley, Price & Fako, of Chicago (Paul E. Price, of counsel), for appellee.

MR. JUSTICE ADESKO delivered the opinion of the court.

Leroy Morck filed his complaint against Frank Nicosia, alleging a violation of the Structural Work Act, Ill. Rev Stats 1965, ch 48, § 60 et seq. A motion to strike and dismiss the second amended complaint was denied. An answer was filed and depositions of plaintiff and defendant were taken. Upon being assigned for trial, defendant moved for summary judgment...

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