CASE PRESTRESSING CORP. v. CHI. COLLEGE OF OSTEOPATHIC MEDICINE

No. 82-2887.

118 Ill. App.3d 782 (1983)

455 N.E.2d 811

CASE PRESTRESSING CORP. et al., Plaintiffs, v. CHICAGO COLLEGE OF OSTEOPATHIC MEDICINE et al., Defendants — (George A. Fuller Company, Defendant and Third-Party Plaintiff-Appellant, v. Chicago College of Osteopathic Medicine et al., Third-Party Defendants-Appellees).

Appellate Court of Illinois — First District (4th Division).

Rehearing denied November 10, 1983.


Attorney(s) appearing for the Case

Wildman, Harrold, Allen & Dixon, of Chicago (Robert E. Kehoe, Jr., of counsel), for appellant.

Thomas A. Foran, Stephen A. Gorman, Jeff D. Harris, and Jeffrey C. Blumenthal, all of Chicago (Foran, Wiss & Schultz, of counsel), for appellee Chicago College of Osteopathic Medicine.

Frank M. Covey, Jr., John R. Doyle, and Barbara J. Leff, all of Chicago (McDermott, Will & Emery, of counsel), for appellee Schmidt, Garden & Erikson.


Reversed and remanded.

PRESIDING JUSTICE ROMITI delivered the opinion of the court:

Third-party plaintiff-appellant George A. Fuller Company (Fuller) was the contractor on a project for Chicago College of Osteopathic Medicine (the college). Schmidt, Garden & Erikson was the architect (the architect.) After completion of the project, the college sued Fuller in Federal court for breach of contract; Fuller counterclaimed against the college for breach of...

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