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O'BOYLE v. GRECO EXCAVATING CO.

No. 54166.

9 Ill. App.3d 234 (1972)

292 N.E.2d 90

MICHAEL JAMES O'BOYLE, Plaintiff-Appellee, v. GRECO EXCAVATING COMPANY, Defendant-Appellant — (GRECO EXCAVATING COMPANY, Third-Party Plaintiff-Appellant, v. SPENCER, WHITE AND PRENTIS, INCORPORATED, Third-Party Defendant-Appellee.)

Appellate Court of Illinois — First District.

Rehearing denied February 1, 1973.

Attorney(s) appearing for the Case

Doyle, Berdelle and Tarpey, of Chicago, (Leo M. Tarpey, Jr., of counsel,) for appellant.

John G. Phillips, of Chicago, (Sidney Z. Karasik, of counsel,) for appellee Michael J. O'Boyle.

Howard and French, of Chicago, (Richard G. French and Stuart N. Litwin, of counsel,) for appellee Spencer, White and Prentis, Inc.

Judgments reversed and cause remanded.

Mr. JUSTICE McNAMARA delivered the opinion of the court:

Plaintiff brought this action against defendant, Greco Excavating Company, hereinafter referred to as Greco, to recover damages for personal injuries sustained in a construction accident. The basis of plaintiff's suit was Greco's alleged violation of the Structural Work Act. (Ill. Rev. Stat. 1967, ch. 48, par. 60, 69.) Greco in turn filed a third-party complaint...

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