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NORTON v. WILBUR WAGGONER EQUIPMENT RENTAL AND EXCAVATING CO.

No. 50066.

76 Ill.2d 481 (1979)

394 N.E.2d 403

IRVIN L. NORTON, Appellant, v. WILBUR WAGGONER EQUIPMENT RENTAL AND EXCAVATING CO. et al. (Collinsville Community Unit District No. 10, Appellee).

Supreme Court of Illinois.

Rehearing denied September 28, 1979.

Attorney(s) appearing for the Case

Earl L. Vaugniaux, of Edwardsville, and William J. Harte, Ltd., of Chicago, for appellant.

Robert W. Wilson, R. Frederick Melin, and Ross T. Anderson, of Burroughs, Simpson, Wilson, Hepler, Broom & McCarthy, of Edwardsville, for appellee.

Nat P. Ozmon, of Horwitz, Anesi, Ozmon & Associates, Ltd., of Chicago (Nat P. Ozmon and Mark Novak, of counsel), for amicus curiae International Association of Bridge, Structural and Ornamental Iron Workers Local Union No. 1.

Reversed and remanded.

MR. JUSTICE CLARK delivered the opinion of the court:

The plaintiff, Irvin L. Norton, filed an action against the defendants, Collinsville Community Unit District No. 10 (hereafter the school district), Architectural Associates, Inc. (hereafter the architect), and Wilbur Waggoner Equipment Rental and Excavating Co., under the Structural Work Act (Ill. Rev. Stat. 1971, ch. 48, par. 60 et seq.), in the circuit court of Madison County...

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