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GRAYBAR ELEC. CO. v. McCOY CONSTR. CO.

No. 3-83-0414.

123 Ill. App.3d 886 (1984)

463 N.E.2d 439

GRAYBAR ELECTRIC COMPANY, INC., Plaintiff-Appellee, v. McCOY CONSTRUCTION COMPANY, a/k/a Jean A. McCoy & Sons, Inc., et al., Defendants-Appellants.

Appellate Court of Illinois — Third District.

Rehearing denied June 6, 1984.

Attorney(s) appearing for the Case

Paul E. Root and Roger B. Gomien, both of Gomien, Root & Masching, of Morris, for appellants.

Robert W. Scott, of Swain, Johnson & Gard, of Peoria, for appellee.

Judgment affirmed as modified.

PRESIDING JUSTICE STOUDER delivered the opinion of the court:

This action was commenced by Graybar Electric Company, Inc. (Graybar), against McCoy Construction Company (McCoy) and Fidelity and Deposit Company of Maryland (Fidelity) on a commercial surety bond relating to a construction project for the Covenant Children's Home in Princeton, Illinois. The circuit court of Bureau County entered judgment in favor of Graybar and against...

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