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McCARTY v. CITY OF MARSHALL

No. 13607.

51 Ill. App.3d 842 (1977)

366 N.E.2d 1052

ARTHUR McCARTY, Plaintiff-Appellant, v. THE CITY OF MARSHALL, Defendant-Appellee.

Appellate Court of Illinois — Fourth District.

Rehearing denied September 19, 1977.

Attorney(s) appearing for the Case

David N. Howarth, of Grummon, Howarth & White, of Springfield, for appellant.

William F. Meehling and Randolph M. Rich, both of Miller & Meehling, of Marshall, for appellee.

Judgment affirmed.

Mr. JUSTICE MILLS delivered the opinion of the court:

Does the Structural Work Act apply here? Yes.

Will a structural work action lie here? No.

McCarty was employed by the electric department of the City of Marshall. On July 9, 1973, while under the supervision of an employee of the municipal defendant, plaintiff was instructed to perform certain repairs and maintenance work upon the city's power plant and electrical substation...

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