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SWENDSEN v. BRIGHTON BLDG. & MAINTENANCE CO.

No. 74-401.

35 Ill. App.3d 987 (1976)

343 N.E.2d 42

RICHARD W. SWENDSEN, Plaintiff-Appellee, v. BRIGHTON BUILDING & MAINTENANCE COMPANY et al., Defendants-Appellees. — (FITZSIMONS & CONNELL DREDGE & DOCK COMPANY et al., Intervenors-Appellants.)

Appellate Court of Illinois — Third District.

Opinion filed February 20, 1976.

Attorney(s) appearing for the Case

Strodel & Associates, of Peoria (Arthur R. Kingery, of counsel), for appellants.

Westervelt, Johnson, Nicol & Keller, and Elmo E. Koos, both of Peoria (David M. Lynch, of counsel), for appellee.

Reversed and remanded.

Mr. JUSTICE STOUDER delivered the opinion of the court:

This appeal stems from an order of the circuit court of Tazewell County, made in connection with a Structural Work Act case, which denied a claim for a subrogation lien by an employer and its workmen's compensation insurer. (Ill. Rev. Stat. 1971, ch. 48, par. 138.5(b).) The trial court also made the appropriate finding that there was no just reason for delaying enforcement or appeal...

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