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ROSSETTI CONTRACTING CO., INC. v. BRENNAN

No. 74 C 1934.

382 F.Supp. 1122 (1974)

ROSSETTI CONTRACTING CO., INC., Plaintiff, v. Peter J. BRENNAN, Secretary of Labor, and Environmental Protection Agency, Defendants, and John McElwain, President, Board of Trustees, Hinsdale Sanitary District, DuPage County, Defendant, and Hinsdale Sanitary District, DuPage County, Defendant, and Loitz Brothers Construction Company, Inc., Intervenor.

United States District Court, N. D. Illinois, E. D.

October 10, 1974.

Attorney(s) appearing for the Case

James E. O'Halloran, Jr., of Bell, Boyd, Lloyd, Haddad & Burns, Chicago, Ill., for plaintiff.

James R. Thompson, U. S. Atty., and M. B. Lowery, Asst. U. S. Atty., Chicago, Ill., for defendants Peter J. Brennan, Secretary of Labor; and the Environmental Protection Agency.

Louis R. Main, of Scofield & Main, Hinsdale, Ill., for defendants John McElwain, President, Board of Trustees, Hinsdale Sanitary District DuPage County; and Hinsdale Sanitary District, DuPage County.

Peter B. Carey and Donald V. O'Brien of O'Brien, Trittipo & Carey, Chicago, Ill., for intervenor, Loitz Brothers Construction Co., Inc.

FINDINGS OF FACT

and

CONCLUSIONS OF LAW

PERRY, Senior District Judge.

This cause came on for hearing upon the complaint of Rossetti Contracting Company, Inc., a corporation, the intervening petition of Loitz Brothers Construction Company, Inc., and the respective pleadings of all of the defendants herein. The case was tried without a jury. The court, having heard the testimony of the witnesses and argument of counsel for the respective...

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