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THIRD SWANSEA PROPERTIES v. OCKERLUND CONST.

No. 61858.

41 Ill. App.3d 894 (1976)

THIRD SWANSEA PROPERTIES, INC., et al., Plaintiffs-Appellants, v. OCKERLUND CONSTRUCTION COMPANY et al., Defendants. — (CANNON STEEL ERECTION COMPANY, Defendant-Appellee.)

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

Opinion filed August 27, 1976.

Attorney(s) appearing for the Case

Clausen, Miller, Gorman, Caffrey & Witous, of Chicago (Thomas McDonald, James T. Ferrini, and William J. Sneckenberg, of counsel), for appellants.

McKenna, Storer, Rowe, White & Farrug, of Chicago (Robert S. Soderstrom, John J. Blasi, and James P. DeNardo, of counsel), for appellee.

Reversed and remanded.

Mr. JUSTICE SULLIVAN delivered the opinion of the court:

This is an appeal from an order granting summary judgment to defendant Cannon Steel Erection Company (Cannon). The sole issue on appeal is whether a provision in a construction contract exempted defendant from liability for acts of wilful and wanton misconduct.

Plaintiffs were the owners and the lessor-occupants of property on which a bakery addition was being erected in...

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