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WHEELER v. AETNA CASUALTY & SURETY CO.

No. 57607.

11 Ill. App.3d 841 (1973)

298 N.E.2d 329

E. TODD WHEELER et al., Plaintiffs-Appellees, v. THE AETNA CASUALTY AND SURETY COMPANY, Defendant-Appellant.

Appellate Court of Illinois — First District (1st Division).

May 14, 1973.

Attorney(s) appearing for the Case

Kirkland & Ellis, of Chicago, (Gary M. Elden, Donald J. Duffy, and William H. Symmes, of counsel,) for appellant.

Tom L. Yates and Frederick L. Goff, both of Chicago, for appellees.

Reversed and remanded.

Mr. JUSTICE HALLETT delivered the opinion of the court:

This is an appeal from a summary judgment entered in a declaratory judgment action for the plaintiff architects against their public liability insurer, holding, in substance, that it should have assumed their defense in a Structural Work Act suit filed against a hospital, its general contractor and them by a worker who fell from a scaffold when a plank gave way.

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