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HAGEN v. RUBY CONSTRUCTION CO.

No. 72-294.

13 Ill. App.3d 725 (1973)

301 N.E.2d 311

MARK HAGEN, d/b/a HAGEN EXCAVATING, Plaintiff-Appellee — (SHIRLEY HAGEN, Intervenor-Appellee), v. RUBY CONSTRUCTION COMPANY, INC., Defendant-Appellant.

Appellate Court of Illinois — Second District.

Supplemental opinion upon rehearing filed September 27, 1973.

Attorney(s) appearing for the Case

Richard Weinberger, of Chicago, for appellant.

Mirabella, Facktor, Mirabella, & Kincaid, of Wheaton, for appellees.

Judgment reversed.

Mr. JUSTICE ABRAHAMSON delivered the opinion of the court:

The defendant Ruby Construction Company, Inc. brings this appeal from a finding by the circuit court of Du Page County in favor of the plaintiff and an intervenor and against the defendant on its counterclaim and the judgment entered thereon.

The action was commenced on June 22, 1971 when Mark Hagen, individually and doing...

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