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JOSEPH W. O'BRIEN CO. v. HIGHLAND LAKE CONST. CO.

No. 56173.

9 Ill. App.3d 408 (1972)

292 N.E.2d 205

JOSEPH W. O'BRIEN COMPANY et al., Plaintiffs-Appellees, v. HIGHLAND LAKE CONSTRUCTION COMPANY et al., Defendants-Appellants.

Appellate Court of Illinois — First District.

Rehearing denied January 10, 1973.

Attorney(s) appearing for the Case

Kirkland and Ellis, of Chicago, (Donald J. Duffy, of counsel,) for appellants.

O'Keefe, Ashenden, O'Brien and Hanson, of Chicago, (James H. O'Brien, of counsel,) for appellees.

Judgment affirmed.

Mr. JUSTICE BURMAN delivered the opinion of the court:

This is an appeal from an order of the Circuit Court of Cook County granting the plaintiffs' motion for summary judgment.

The plaintiffs, Joseph W. O'Brien Company and Thomas M. Madden Co., formed a joint venture for the purpose of constructing a portion of the Dan Ryan Expressway in Chicago. In June, 1967, plaintiffs entered into a subcontract with the defendants, who are identified...

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