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BD. OF LIBRARY TRUSTEES v. CINCO CONST.

No. 1-94-1224.

658 N.E.2d 473 (1995)

276 Ill.App.3d 417

213 Ill.Dec. 3

The BOARD OF LIBRARY TRUSTEES OF the VILLAGE OF WESTMONT, Use Plaintiff-Appellant, for the Use and Benefit of OZINGA BROS., INC., Plaintiff-Appellee, v. CINCO CONSTRUCTION, INC., Defendant.

Appellate Court of Illinois, First District, Sixth Division.

As Modified December 8, 1995.

Nunc pro Tunc November 9, 1995.

Attorney(s) appearing for the Case

James, Brooks, Adams and Tarulis, Naperville (Richard J. Tarulis, of counsel), for appellant.

Berger, Newmark & Fenchel P.C., Chicago (Earl B. Lichten, of counsel), for appellee.

MODIFIED UPON GRANTING OF MOTION TO CORRECT MISNOMER

Justice ZWICK delivered the opinion of the court:

Plaintiff, Ozinga Bros., Inc. (Ozinga), was a subcontractor engaged by the defendant, Cinco Construction, Inc. (Cinco), in the construction of the Westmont Public Library Building. On April 2, 1992, Ozinga filed a two-count complaint in the circuit court of Cook County against Cinco. In its complaint, Ozinga named Cinco as a defendant and the Westmont Public...

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