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SCHWARTZKOPF v. NAT'L R.R. PASSENGER CORP.

No. 86-2965.

178 Ill. App.3d 226 (1988)

532 N.E.2d 1333

PAUL SCHWARTZKOPF, Plaintiff, v. NATIONAL RAILROAD PASSENGER CORPORATION et al., Defendants and Third-Party Plaintiffs-Appellants (McGinnis Welding & Fabricating, Inc., Third-Party Defendant-Appellee and Third-Party Plaintiff; Ralph Hale, Third-Party Defendant).

Appellate Court of Illinois — First District (1st Division).

Rehearing denied February 2, 1989.

Attorney(s) appearing for the Case

Lord, Bissell & Brook, of Chicago (Richard F. Johnson, Hugh C. Griffin, and Diane I. Jennings, of counsel), for appellants.

Baker & McKenzie (Francis D. Morrissey, Paul B. O'Flaherty, Jr., and Luke L. Dauchot, of counsel), for appellee.

Reversed and remanded.

JUSTICE MANNING delivered the opinion of the court:

Third-party plaintiffs National Railroad Passenger Corporation (Amtrak) and William Jackson challenge, in this appeal, the trial court's dismissal of their third-party action for contractual indemnity and breach of contract against McGinnis Welding & Fabricating, Inc. (McGinnis). We disagree with the trial court and, therefore, reverse the judgment entered by it.

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