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AETNA INS. CO. v. 3 OAKS WRECKING & LUMBER

No. 76-60.

65 Ill. App.3d 618 (1978)

382 N.E.2d 283

AETNA INSURANCE COMPANY et al., Plaintiffs-Appellees, v. 3 OAKS WRECKING AND LUMBER COMPANY, Defendant-Appellant.

Appellate Court of Illinois — First District (3rd Division).

Rehearing denied November 1, 1978.

Attorney(s) appearing for the Case

O'Brien, Hanrahan, Wojcik & Conniff, of Chicago (John W. Purney and Robert S. Phillips, of counsel), for appellant.

Clausen, Miller, Gorman, Caffrey & Witous, P.C., of Chicago (John B. McCabe, James T. Ferrini, and Patricia N. Hale, of counsel), for appellees.

Judgment affirmed.

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

On Sunday, June 15, 1969, a clear, hot, dry day, the building at 1406 South Indiana in Chicago caught fire. That building was being demolished by the defendant, 3 Oaks Wrecking and Lumber Company, a partnership (3 Oaks). The fire damaged two nearby buildings. The plaintiff insurers of those two buildings settled claims with their insureds and bring this action as subrogees...

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