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O'LEARY v. SIEGEL

Gen. Nos. 51,907, 51,908, 51,943. (Consolidated.).

120 Ill. App.2d 12 (1970)

256 N.E.2d 127

James Patrick O'Leary, Plaintiff-Petitioner (Cause No. 51,908), v. Arthur J. Siegel, d/b/a Seco Construction Company, Defendant-Respondent (Cause No. 51,908), and Arthur J. Siegel, d/b/a Seco Construction Company, Third-Party Plaintiff (Respondent in Cause No. 51,907, Appellee and Cross-Appellant in Cause No. 51,943), v. Henry Sylverne and Howard L. Simons, Individually and as Copartners, Doing Business as Avondale Engineering Co., Third-Party Defendants (Petitioners in Cause No. 51,907 and Appellant in Cause No. 51,943).

Appellate Court of Illinois — First District, Fourth Division.

Rehearing denied March 4, 1970.

Attorney(s) appearing for the Case

Kralovec, Sweeney, Marquard & Scoby, of Chicago (George E. Sweeney and Edward V. Scoby, of counsel), for plaintiff, James Patrick O'Leary, petitioner in Cause No. 51,908.

Patrick J. Muldowney, of Chicago (Sidney Z. Karasik, of counsel), for third-party defendants, Henry Sylverne and Howard L. Simons, individually and as copartners, doing business as Avondale Engineering Company, petitioners in Cause No. 51,907, and appellants in Cause No. 51,943.

Hinshaw, Culbertson, Moelmann & Hoban, of Chicago (Leonel I. Hatch, Jr. and D. Kendall Griffith, of counsel), for Arthur J. Siegel, doing business as Seco Construction Company, defendant-appellee.

MR. PRESIDING JUSTICE STAMOS delivered the opinion of the court.

Plaintiff, James Patrick O'Leary, filed a one-count action against defendant, Seco Construction Company, alleging a violation of the Structural Work Act. The complaint was later amended to include a second count in common-law negligence. Seco then filed a third-party action for indemnity against plaintiff's employer, Avondale Engineering Company. The jury...

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