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LIBRARY TRUSTEES v. FIDELITY & DEPOSIT CO.

No. 81-137.

101 Ill. App.3d 1141 (1981)

429 N.E.2d 203

THE BOARD OF LIBRARY TRUSTEES OF THE FOUNTAINDALE PUBLIC LIBRARY DISTRICT, WILL AND DU PAGE COUNTIES, Plaintiff-Appellee, v. FIDELITY AND DEPOSIT COMPANY OF MARYLAND, Defendant-Appellant. — (RAY J. BENOIT & SON, INC., Defendant.)

Appellate Court of Illinois — Third District.

Rehearing denied December 30, 1981.

Attorney(s) appearing for the Case

Cornelius F. Riordan, Gary L. Griffin, and Terrance A. Vaisvilas, all of McNeela & Griffin, Ltd., of Chicago, for appellant.

Edgar D. Ballard, Jr., Bruce K. Roberts, and Marcia E. Doane, all of Schuyler, Ballard & Cowen, of Chicago, for appellee.

Judgment affirmed.

Mr. JUSTICE BARRY delivered the opinion of the court:

The Board of Library Trustees of the Fountaindale Public Library District (the Board) brought this action against Fidelity and Deposit Company of Maryland (Fidelity) and Ray J. Benoit & Son, Inc. (Benoit), upon a performance bond issued by Fidelity. The Board sought recovery for a nine-month delay in completion of the construction of two buildings, which delay was caused by Benoit...

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