AMERICAN PECCO CORP. v. CONCRETE BUILDING SYS. CO.

No. 72 C 1947.

392 F.Supp. 789 (1975)

AMERICAN PECCO CORPORATION, Plaintiff, v. CONCRETE BUILDING SYSTEMS CO., and Gateway Erectors, Inc., Defendants. CONCRETE BUILDING SYSTEMS CO., a corporation, Third-Party Plaintiff, v. GATEWAY ERECTORS, INC., a corporation, Third-Party Defendant. CONCRETE BUILDING SYSTEMS CO., Third-Party Plaintiff, v. CENTRAL CONTRACTORS SERVICE, INC., a corporation, Third-Party Defendant. CENTRAL CONTRACTORS SERVICE, INC., a corporation, Defendant and Cross-Plaintiff, v. GATEWAY ERECTORS, INC., a corporation, Defendant and Cross-Defendant.

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

April 8, 1975.


Attorney(s) appearing for the Case

John J. Coffey, III, and Joseph P. Della Maria, Jr., Rothchild, Barry & Myers, Chicago, Ill., for plaintiff.

Michel A. Coccia and Miles J. Seyk, Baker & McKenzie, Chicago, Ill., for Concrete Bldg. Systems Co.

Thomas W. Conklin, Conklin, Leahy & Eisenberg, Chicago, Ill., for Gateway Erectors.

Robert J. Nolan, and S. Robert Depke, Nolan, O'Malley & Dunne, Chicago, Ill., for Central Contractors.


MEMORANDUM OPINION AND ORDER

KIRKLAND, District Judge.

This cause comes before the Court on motion of defendant Gateway Erectors, Inc., (Gateway) to dismiss Counts I and II of defendant Central Contractors Service, Inc.'s (Central) cross-complaint.

On November 22, 1971, defendant/cross-defendant, Gateway entered into an agreement with co-defendant, Concrete Building Systems Company, (Concrete) whereby Gateway agreed to furnish labor, material and...

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