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PETTIE v. WILLIAMS BROS. CONST., INC.

No. 2-91-1026.

589 N.E.2d 169 (1992)

225 Ill. App.3d 1009

168 Ill.Dec. 55

Joseph PETTIE, Plaintiff, v. WILLIAMS BROTHERS CONSTRUCTION, INC., Defendant and Third-Party Plaintiff-Appellant Otto Baum and Sons, Inc., Third-Party Defendant-Appellee.

Appellate Court of Illinois, Second District.

March 12, 1992.

Attorney(s) appearing for the Case

Heyl, Royster, Voelker & Allen, Richard K. Hunsaker, Rockford, for Williams Bros. Const.

Williams & McCarthy, P.C., Rockford, Scott C. Sullivan, Stephen E. Balogh, Harvey & Stuckel, Chtd., R. Wayne Harvey, Harvey & Stuckel, Chatered, Peoria, for Otto Baum & Sons, Inc., Joseph Pettie.

Justice WOODWARD delivered the opinion of the court:

Defendant and third-party plaintiff, Williams Brothers Construction, Inc. (Williams Brothers), appeals from the trial court's order of October 5, 1990, dismissing its third-party complaint which was premised upon an express indemnity agreement between Williams Brothers and third-party defendant, Otto Baum & Sons, Inc. (Otto Baum). We affirm.

On April 6, 1987, plaintiff, Joseph Pettie, filed a two-count...

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