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HARTFORD ACCIDENT & INDEM. v. D.F. BAST, INC.

No. 76-1725.

56 Ill. App.3d 960 (1977)

372 N.E.2d 829

HARTFORD ACCIDENT & INDEMNITY COMPANY, Plaintiff-Appellee, v. D.F. BAST, INC., et al., Defendants-Appellants.

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

Supplemental opinion filed on denial of rehearing February 10, 1978.

Attorney(s) appearing for the Case

Sweeney and Riman, Ltd., of Chicago (Gerald O. Sweeney, of counsel), for appellants.

O'Brien, Hanrahan, Wojcik & Conniff, of Chicago (E. Garnet Fay, of counsel), for appellee.

Judgment affirmed as modified.

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

Defendants appeal from an order granting summary judgment and awarding $26,350 to plaintiff in an action brought by it to enforce a lien created by section 5(b) of the Workmen's Compensation Act (the Act). Ill. Rev. Stat. 1973, ch. 48, par. 138.5(b).

The following issues are raised on appeal: (1) whether defendant waived or is estopped from asserting a...

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