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KISHWAUKEE COMMUNITY HEALTH SERVICES CENTER v. HOSPITAL BLDG.

No. 80 C 1850.

638 F.Supp. 1492 (1986)

KISHWAUKEE COMMUNITY HEALTH SERVICES CENTER, Plaintiff, v. HOSPITAL BUILDING AND EQUIPMENT COMPANY, et al., Defendants.

United States District Court, N.D. Illinois, E.D.

June 24, 1986.

Attorney(s) appearing for the Case

Gerard E. Grashorn, Richard J. Brennan, John R. Herrmann, Winston & Strawn, Chicago, Ill., Boyle Cordes & Witheft, DeKalb, Ill., for plaintiff.

Robert J. Zaideman, Zaideman & Esrig, Chicago, Ill., for defendants.

MEMORANDUM OPINION

GRADY, District Judge.

This construction dispute is before us on the defendants' motion to dismiss Count III of plaintiff's three-count complaint based on the doctrine first announced in Moorman Manufacturing Co. v. National Tank Co., 91 Ill.2d 69, 61 Ill.Dec. 746, 435 N.E.2d 443 (1982). Defendants have also moved for partial summary judgment based on the...

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