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FRAGMAN CONST. CO. v. PRESTON CONST. CO.

No. 70-280.

1 Ill. App.3d 1002 (1971)

274 N.E.2d 614

FRAGMAN CONSTRUCTION COMPANY, a Division of Capitol Fixture and Construction Corporation, Plaintiff-Appellee, v. PRESTON CONSTRUCTION COMPANY, INC., Defendant and Third Party Plaintiff-Appellee. — (AETNA INSURANCE COMPANY, Third Party Defendant-Appellant)

Appellate Court of Illinois — Second District.

Rehearing denied November 18, 1971.

Attorney(s) appearing for the Case

Gilbert, Powers & Graves, of Rockford, for appellant.

King & McNamara, of Rockford, (John F. McNamara, of counsel,) for appellee.

Judgment affirmed.

Mr. PRESIDING JUSTICE MORAN delivered the opinion of the court:

Aetna Insurance Company, a third party defendant, (hereinafter referred to as Aetna) appeals from a summary judgment entered on behalf of Preston Construction Company, a third party plaintiff (hereinafter referred to as Preston).

Preston, a sewer contractor, entered into an agreement with the City of Rockford, whereby...

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