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CHICAGO COL. OF OST. MED. v. GEORGE A. FULLER CO.

Nos. 82-2176, 82-2177, 82-2259, 82-2315 and 82-2316.

719 F.2d 1335 (1983)

CHICAGO COLLEGE OF OSTEOPATHIC MEDICINE, Plaintiff-Appellee, v. GEORGE A. FULLER COMPANY, Defendant-Appellant. GEORGE A. FULLER COMPANY, Defendant, Counterclaimant-Appellant, v. Ed HOFFMAN, Counterdefendant-Appellee. CHICAGO COLLEGE OF OSTEOPATHIC MEDICINE, Plaintiff-Appellee, v. GEORGE A. FULLER COMPANY, Defendant-Appellant. GEORGE A. FULLER COMPANY, Third Party Plaintiff-Appellant, v. SCHMIDT, GARDEN AND ERICKSON, Third Party Defendant-Appellee. CHICAGO COLLEGE OF OSTEOPATHIC MEDICINE, Plaintiff, Counterdefendant-Appellant, v. GEORGE A. FULLER COMPANY, Defendant, Counterclaimant and Third Party Plaintiff-Appellee, and AETNA CASUALTY AND SURETY COMPANY, Defendant-Appellee, v. SCHMIDT, GARDEN & ERICKSON, Third Party Defendant. CHICAGO COLLEGE OF OSTEOPATHIC MEDICINE, Plaintiff, Counterdefendant-Appellee, v. GEORGE A. FULLER COMPANY, Defendant, Counterclaimant and Third Party Plaintiff-Appellant, and AETNA CASUALTY & SURETY COMPANY, Defendant, v. SCHMIDT, GARDEN & ERICKSON, Third Party Defendant-Appellee. CHICAGO COLLEGE OF OSTEOPATHIC MEDICINE, Plaintiff, Counterdefendant, v. GEORGE A. FULLER COMPANY, Defendant, Counterclaimant and Third Party Plaintiff-Appellee, and AETNA CASUALTY AND SURETY COMPANY, Defendant, v. ED HOFFMAN EXCAVATING, INC., Counterdefendant-Appellant, and Schmidt, Garden & Erickson, Third Party Defendant.

United States Court of Appeals, Seventh Circuit.

Decided October 14, 1983.

As Amended on Denial of Rehearings January 13, 1984.

Attorney(s) appearing for the Case

Thomas A. Foran, Foran, Wiss & Schultz, Chicago, Ill., for plaintiff-appellant, counterdefendant-appellee.

Robert E. Kehoe, Jr., Wildman, Allen & Dixon, Chicago, Ill., for defendant-appellant.

Sherwin D. Abrams, Solomon, Rosenfeld, Elliott, Stiefel & Abrams, Ltd., Chicago, Ill., for counterdefendant-appellant.

John R. Doyle, McDermott, Will & Emery, Chicago, Ill., for third party defendant-appellee.

Before BAUER and WOOD, Circuit Judges, and GIBSON, Senior Circuit Judge.

HARLINGTON WOOD, Jr., Circuit Judge.

This consolidated appeal of diversity jurisdiction cases consists of three major disputes arising from the construction of a New Family Outpatient Clinic (the "project"). In the original action, the plaintiff owner, Chicago College of Osteopathic Medicine ("CCOM"), sued the general contractor, George A. Fuller Company ("Fuller"), alleging breach of the construction contract by failing to carry the work forward in an expeditious...

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