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MILLIGAN STEEL EREC., INC. v. GARBE IRON WORKS, INC.

No. 3-84-0639.

139 Ill. App.3d 303 (1985)

486 N.E.2d 945

J.E. MILLIGAN STEEL ERECTORS, INC., Plaintiff and Counterdefendant-Appellee, v. GARBE IRON WORKS, INC., et al., Defendants and Counterplaintiffs and Third-Party Plaintiffs-Appellants (Ken Boitz et al., Third-Party Defendants and Counterdefendants-Appellees).

Appellate Court of Illinois — Third District.

Opinion filed November 26, 1985.

Attorney(s) appearing for the Case

Joseph M. Cernugel, of Block, Krockey, Cernugel & Cowgill, of Joliet, for appellants.

Russell E. Burns, Charles E. Cronauer, and Richard L. Turner, Jr., all of Burns, Cronauer & Turner, of De Kalb, for J.E. Milligan Steel Erectors, Inc.

Erica Tina Helfer, of Rosenthal & Schanfield, of Chicago, for appellee Ken Boitz.

Affirmed in part and reversed in part.

JUSTICE BARRY delivered the opinion of the court:

This case concerns a dispute primarily between a general contractor, Garbe Iron Works, Inc. (Garbe), and its subcontractor J.E. Milligan Steel Erectors, Inc. (Milligan). The subject matter of the dispute is a steel truss fabricated by Garbe according to "checked" detail drawings prepared by Kenneth Boitz, doing business as Technical Metals Service, and erected by Milligan...

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