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CONTINENTAL CASUALTY CO. v. PIPECO, INC.

No. 80-472.

98 Ill. App.3d 813 (1981)

424 N.E.2d 432

CONTINENTAL CASUALTY COMPANY, Plaintiff-Appellee, v. PIPECO, INC., et al., Defendants-Appellants. — (H.K. FERGUSON et al., Defendants-Appellees.)

Appellate Court of Illinois — Fifth District.

Opinion filed July 29, 1981.

Attorney(s) appearing for the Case

David M. Duree, of O'Fallon, and Leritz & Reinert, P.C., of St. Louis, Missouri, for appellants.

Gilmartin, Hallenbeck and Schroeder, Ltd., of Chicago (Gilbert J. Schroeder and Charles A. Gilmartin, of counsel), for appellee Continental Casualty Company.

Richard R. Hardcastle, III, and Michael E. Wilson, both of Greensfelder, Hemker, Wiese, Gale & Chappelow, of St. Louis, Missouri, for appellee H.K. Ferguson Company.

Samuels, Miller, Schroeder, Jackson & Ely, of Decatur, for appellee J.L. Simmons Company, Inc.

Reversed and remanded.

Mr. JUSTICE KARNS delivered the opinion of the court:

This is an interlocutory appeal by Pipeco, Inc., W.L. Waggoner Trucking Company, and Wilbur Waggoner Equipment Rental and Excavating Company, Inc. They appeal from two orders entered by the Circuit Court of Bond County in an interpleader action. Continental Casualty Company (Continental) brought the interpleader action to join all claimants...

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