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LAKE VIEW T. & SAV. BK. v. FILMORE CONSTR. CO.

No. 78-1873.

74 Ill. App.3d 755 (1979)

393 N.E.2d 714

LAKE VIEW TRUST AND SAVINGS BANK, Trustee, Plaintiff-Appellant, v. FILMORE CONSTRUCTION COMPANY, INC., et al., Defendants. — (THE AETNA CASUALTY AND SURETY COMPANY, Defendant-Appellee.)

Appellate Court of Illinois — First District (1st Division).

Opinion filed August 6, 1979.

Attorney(s) appearing for the Case

Cecil E. Magid, of Chicago, for appellant.

Ellis B. Rosenzweig, of Chicago, for appellee.

Reversed and remanded.

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

On December 19, 1973, Lake View Trust & Savings Bank (plaintiff), as trustee under a land trust, entered into a construction contract for a three-story nursing home with Filmore Construction Company, Inc. (defendant). Defendant furnished a bond with Aetna Casualty & Surety Company (Aetna) as surety and plaintiff...

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