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McGINN v. NORTHWESTERN STEEL & WIRE CO.

No. 77-1523.

68 Ill. App.3d 632 (1978)

386 N.E.2d 71

TIMOTHY McGINN, a Minor, by Clarise McGinn, his Mother and Next Friend, Plaintiff, v. NORTHWESTERN STEEL AND WIRE CO., Defendant and Third-Party Plaintiff-Appellee. — (M & M ELECTRIC COMPANY, Third-Party Defendant-Appellant.)

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

Supplemental opinion filed on denial of rehearing February 9, 1979.

Attorney(s) appearing for the Case

Hinshaw, Culbertson, Moelmann, Hoban & Fuller, of Chicago (Karl M. Tippett, D. Kendall Griffith, and Stanley J. Davidson, of counsel), for appellant.

Clausen, Miller, Gorman, Caffrey & Witous, P.C., of Chicago (John R. Caffrey, James T. Ferrini, and Gary Kostow, of counsel), for appellee.

Reversed and remanded.

Mr. JUSTICE MEJDA delivered the opinion of the court:

The third-party plaintiff, Northwestern Steel and Wire Co. (Northwestern), filed a third-party action seeking contractual indemnity and common law indemnity from third-party defendant, M & M Electric Company (M & M). M & M appeals from the entry of summary judgment against it on the contractual indemnity count, maintaining that summary judgment was improper in that (1...

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