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BOARD OF ED. v. UNITED STATES F. & G. CO.

Gen. No. 52,574.

115 Ill. App.2d 416 (1969)

253 N.E.2d 663

Board of Education, School District No. 90, Cook County, Illinois, for the Use and Benefit of Fenestra, Inc., Plaintiff, v. United States Fidelity & Guaranty Company, a Corporation, and Anko Construction, Inc., a Corporation, Defendants. Anko Construction, Inc., Counterplaintiff, Appellee, v. Fenestra, Inc., Counterdefendant, Appellant.

Appellate Court of Illinois — First District, Fourth Division.

October 15, 1969.

Attorney(s) appearing for the Case

Spray, Price, Hough & Cushman, of Chicago (James T. Otis and John R.F. Baer, of counsel), for appellant.

Howard Hoosin, of Chicago, for appellee.

MR. JUSTICE McNAMARA delivered the opinion of the court.

Board of Education, School District 90, Cook County, Illinois, for the use and benefit of Fenestra, Inc., brought this action against United States Fidelity and Guaranty Company and Anko Construction, Inc., on a performance bond to recover a balance due of $4,985.25 for materials and labor furnished in the construction of an addition to a school building. Anko counterclaimed against

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