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NAT'L BK. OF BLOOMINGTON v. WINSTEAD EXCAVATING

No. 16545.

94 Ill. App.3d 839 (1981)

419 N.E.2d 522

THE NATIONAL BANK OF BLOOMINGTON, Special Adm'r of the Estate of Leo Peterson, Plaintiff, v. WINSTEAD EXCAVATING OF BLOOMINGTON, a/k/a Bob Winstead Excavating, Defendant and Third-Party Plaintiff-Appellee. — (UNITED FIRE & CASUALTY COMPANY, Third-Party Defendant-Appellant.)

Appellate Court of Illinois — Fourth District.

Opinion filed March 30, 1981.

Attorney(s) appearing for the Case

Thomas M. Barger, III, of Livingston, Barger, Brandt, Slater & Schroeder, of Bloomington, for appellant.

Mike McElvain, of Bloomington, for appellee.

Reversed and remanded.

Mr. JUSTICE GREEN delivered the opinion of the court:

Third-party defendant United Fire & Casualty Company (United) appeals from a declaratory judgment entered against it and in favor of defendant and third-party plaintiff Winstead Excavating of Bloomington (Winstead Excavating) in the circuit court of McLean County on July 11, 1980. The judgment required United to defend Winstead Excavating in the original case brought against Winstead...

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