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DRAGON CONST., INC. v. PARKWAY BANK & TRUST

Nos. 1-92-3019, 1-94-2185.

678 N.E.2d 55 (1997)

287 Ill. App.3d 29

222 Ill.Dec. 648

DRAGON CONSTRUCTION, INC., Plaintiff-Appellee and Cross-Plaintiff-Appellee, v. PARKWAY BANK & TRUST, Trust No. 8942, First American Bank—Golf Mill, William C. Rieck, Shirley V. Rieck and National Insurance Company, Defendants (William C. Rieck and Shirley V. Rieck, Norman Sands, Counter-Plaintiffs-Appellants; National American Insurance Company, Cross-Defendant-Appellant).

Appellate Court of Illinois, First District, First Division.

March 17, 1997.

Attorney(s) appearing for the Case

McCullough, Campbell & Lane, Chicago (Henry T. French, Jr., of counsel), for Appellants William C. and Shirley V. Rieck.

Alan I. Boyer and Wayne B. Addis, Skokie, for Appellant National American Insurance Co.

Stone, Pogrund, Korey & Spagat, Chicago (Ilene F. Gleicher, Irving B. Ribstein, of counsel), for Appellee Dragon Construction

Justice BUCKLEY delivered the opinion of the court:

Plaintiff, Dragon Construction, Inc. (Dragon), brought this action seeking a declaratory judgment as to the rights and obligations of Dragon, William C. Rieck and Shirley V. Rieck (the Riecks), and National American Insurance Company (NAIC) under an agreement whereby NAIC issued surety bonds for construction work Dragon was hired to do for the Riecks. The Riecks filed a cross-claim against NAIC and Dragon, and NAIC...

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