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RITSEMA-MILLGARD, INC. v. MICHAEL J. McDERMOTT & COMPANY

No. 68 C 736.

295 F.Supp. 180 (1969)

RITSEMA-MILLGARD, INC., a corporation, Plaintiff, v. MICHAEL J. McDERMOTT & COMPANY, a corporation, and the City of Chicago, a Municipal Corporation, Defendants.

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

January 9, 1969.

Attorney(s) appearing for the Case

Kirkland, Ellis, Hodson, Chaffetz & Masters, Chicago, Ill., for the plaintiff.

Raymond F. Simon, Corporation Counsel, City of Chicago, Chicago, Ill., for the defendant, City of Chicago.

Donald J. O'Brien, O'Brien, Heywood & Evans, Chicago, Ill., for the defendant, Michael J. McDermott & Co.

MEMORANDUM AND ORDER

CAMPBELL, Chief Judge.

Plaintiff has filed an amended complaint in Count Two of which it charges that the defendant, City of Chicago, negligently and carelessly, owned, operated, and maintained a certain watermain so that it was in a defective, deteriorated and leaking condition. By reason of the alleged negligence, water from the main flooded plaintiff's caisson excavations causing a work stoppage and damages following therefrom.

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