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BD. OF LOCAL IMPROVEMENTS v. ST. PAUL FIRE INS.

No. 61555.

39 Ill. App.3d 255 (1976)

350 N.E.2d 36

BOARD OF LOCAL IMPROVEMENTS SOUTH PALOS TOWNSHIP SANITARY DISTRICT ex rel. NORTH SIDE TRACTOR SALES COMPANY, Plaintiff-Appellee, v. ST. PAUL FIRE AND MARINE INSURANCE, Defendant-Appellant. — (GLENVIEW SEWER AND WATER CO., INC., Defendant.)

Appellate Court of Illinois — First District (5th Division).

Opinion filed June 11, 1976.

Attorney(s) appearing for the Case

Herrick, McNeill, McElroy & Peregrine, of Chicago (Ray W. Fick, Jr., and Michael J. Hamblet, of counsel), for appellant.

John M. Kaveny, of Chicago, for appellee.

Reversed and remanded.

Mr. JUSTICE BARRETT delivered the opinion of the court:

North Side Tractor Sales Co. (North Side) brought this action against St. Paul Fire and Marine Insurance (St. Paul) and Glenview Sewer and Water Co., Inc. (Glenview), upon a payment performance bond issued by them. North Side sought recovery for the rental of a heavy construction machine used in the completion of Glenview's contract with the Board of Local Improvements of South...

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