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CHICAGO BRIDGE & IRON v. RELIANCE INS.

No. 42019.

46 Ill.2d 522 (1970)

264 N.E.2d 134

CHICAGO BRIDGE & IRON COMPANY, Appellant, v. RELIANCE INSURANCE COMPANY, Appellee.

Supreme Court of Illinois.

Modified on denial of rehearing, December 3, 1970.

Attorney(s) appearing for the Case

WINSTON, STRAWN, SMITH & PATTERSON, of Chicago, (CALVIN SAWYIER, RICHARD A. BARTON, ROBERT G. LANE, CHARLES O. ZIEMER, of counsel,) for appellant.

DENT, HAMPTON & DOTEN, of Chicago, (JOHN P. HAMPTON, LOUIS L. DENT, and EDWARD P. McNEELA, of counsel,) for appellee.

Reversed and remanded.

Mr. JUSTICE SCHAEFER delivered the opinion of the court:

This action by Chicago Bridge & Iron Company stems from the construction of a water tower for the Chicago Transit Authority. The general contractor was Taheny Brothers Company, and the plaintiff was a subcontractor. The defendant, Reliance Insurance Company, provided a surety bond for Taheny Brothers. When the plaintiff was not paid for labor and materials which it had supplied...

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