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HERLIHY v. DUNBAR BUILDERS CORP.

No. 79-1238.

92 Ill. App.3d 310 (1980)

415 N.E.2d 1224

H. MURRAY HERLIHY et al., Plaintiffs-Appellants, v. DUNBAR BUILDERS CORPORATION et al., Defendants-Appellees.

Appellate Court of Illinois — First District (3rd Division).

Opinion filed December 31, 1980.

Attorney(s) appearing for the Case

Howard C. Emmerman, of Chicago (Rudnick & Wolf, of counsel), for appellants.

Arvey, Hodes, Costello & Burman, of Chicago (Gary David Friedman and Donald I. Resnick, of counsel), for appellees.

Affirmed in part, and reversed in part and remanded.

Mr. JUSTICE McNAMARA delivered the opinion of the court:

Plaintiffs, unit owners of apartments in a condominium building, brought this class action against defendants, Dunbar Builders Corporation, Dunbar Corporation, and Dunbar Construction, Inc., seeking damages for alleged construction defects in certain common elements of the structure. Plaintiffs sought recoveries under the theories of breach of contract...

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