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H.F. VEGTER EXCAVATION CO. v. VILLAGE OF OAK BROOK

No. 92 C 0324.

790 F.Supp. 184 (1992)

H.F. VEGTER EXCAVATION CO., an Illinois corporation, Plaintiff, v. VILLAGE OF OAK BROOK, an Illinois municipality, Marino Construction Company, a Wisconsin corporation, and Wausau Insurance, a Wisconsin corp., Defendants. VILLAGE OF OAK BROOK for the Use and Benefit of H.F. VEGTER EXCAVATING CO., an Illinois corporation, Plaintiff, v. WAUSAU INSURANCE, a Wisconsin corp., Defendant.

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

March 26, 1992.

Attorney(s) appearing for the Case

William D. Lyman, Bedrava, Lyman & Van Epps, Oak Brook, Ill., for plaintiff.

Charles Jeffrey Thut, Hall, Holmberg, Roach, Johnston & Fischer, Waukegan, Ill., for defendants.

MEMORANDUM OPINION AND ORDER

ASPEN, District Judge:

Plaintiff H.F. Vegter Excavating Co. ("Vegter") has filed a motion for remand to the Circuit Court for the Eighteenth Judicial Circuit, DuPage County, Illinois. For the reasons set forth below, we grant the motion.

I.

Defendant Marino Construction Co. ("Marino") was the contractor on a construction project known as the "Site `B' Pump Station and Reservoir," located within the village limits...

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