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NATIONAL OATS CO. v. VOLKMAN

No. 73-348.

29 Ill. App.3d 298 (1975)

330 N.E.2d 514

NATIONAL OATS COMPANY et al., Plaintiffs, v. ADOLPH VOLKMAN, Defendant-Appellant-Appellee. — (NATIONAL OATS COMPANY, Plaintiff-Appellee, and EHRSAM, INC., Plaintiff-Appellant.)

Appellate Court of Illinois — Fifth District.

Rehearing denied July 8, 1975.

Attorney(s) appearing for the Case

Howard Boman, of Dunham, Boman, Leskera & Churchill, of East St. Louis, for appellant Adolph Volkman.

Francis D. Conner, of Belleville, for appellant Ehrsam, Inc.

Pope and Driemeyer, of East St. Louis (W. Thomas Coghill, Jr., of counsel), for appellee, National Oats Co.

Affirmed in part and reversed in part.

Mr. PRESIDING JUSTICE JONES delivered the opinion of the court:

In a prior action under the Structural Work Act (Ill. Rev. Stat., ch. 48, par. 60 et seq.), the next of kin of Carl Volkman, deceased, recovered a judgment against National Oats Company, the owner of premises on which work was being done, and Ehrsam, Inc., the prime contractor for that work. The subcontractor...

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