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BD. OF LIBRARY DIRECTORS v. SKIDMORE ET AL.

No. 2-90-0810.

574 N.E.2d 869 (1991)

215 Ill. App.3d 69

158 Ill.Dec. 756

The BOARD OF LIBRARY DIRECTORS OF the VILLAGE OF LOMBARD, Plaintiff-Appellee, v. SKIDMORE, OWINGS & MERRILL, Defendant (Wil-Freds, Inc., Defendant and Third-Party Plaintiff-Appellant; Ringbloom Masonry, Third-Party Defendant-Appellee).

Appellate Court of Illinois, Second District.

Rehearing Denied July 18, 1991.

Attorney(s) appearing for the Case

Bollinger & Ruberry, Nicholas A. Riewer, Timothy J. Harris; and Querrey & Harrow, Ltd., Paul Lively, argued, Chicago, for Wil-Freds, Inc.

McKenna, Storer, Rowe, White & Farrug, H. Evan Williams, IV, argued, Wheaton; and Clausen, Miller, Gorman, Caffrey & Witous, P.C., Thomas H. Ryerson, and Edward M. Kay, Chicago, for Ringbloom Const. Co.

Peregrine, Stime, Newman, Ritzman & Bruckner, Ltd., Roger A. Ritzman, Dale W. Bruckner, argued, Wheaton; James T. Ferrini, Clausen, Miller, Gorman, Caffrey & Witous, P.C., Chicago; and Susan Condon, argued, McKenna Stokrer Rowe White & Farrug, Wheaton, for Bd. of Library Directors.

Kirkland & Ellis, John W. Roberts, Chicago; and O'Reilly, Cunningham, Norton & Mancini, Roger K. O'Reilly, Wheaton, for Skidmore Owings Merrill.

Justice GEIGER delivered the opinion of the court:

The defendant, third-party plaintiff, Wil-Freds, Inc. (Wil-Freds), appeals from an order denying summary judgment against the plaintiff, the Board of Library Directors of the Village of Lombard, and dismissing its third-party complaint against Ringbloom Masonry (Ringbloom). We affirm in part and dismiss in part.

The facts relevant to this appeal are as follows. In 1975, the plaintiff contracted with the architectural...

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