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CITY OF CHICAGO EX REL. CHARLES EQ. CO. v. U.S. FIDELITY & GUARANTY CO.

No. 85-1285.

142 Ill. App.3d 621 (1986)

491 N.E.2d 1269

THE CITY OF CHICAGO ex rel. CHARLES EQUIPMENT COMPANY, Plaintiff-Appellee, v. UNITED STATES FIDELITY & GUARANTY COMPANY, Defendant-Appellant (Statewide Insurance Company, Defendant-Appellee).

Appellate Court of Illinois — First District (5th Division).

Opinion filed March 31, 1986.

Attorney(s) appearing for the Case

Donald L. Johnson and Kurt D. Baer, both of Chicago, for appellant.

Howard C. Emmerman and Richard S. Huszagh, both of Rudnick & Wolfe, of Chicago, for appellee City of Chicago.

Randall J. Marmor, of Gilmartin, Hallenbeck, Schroeder & Hacker, of Chicago, for appellee Statewide Insurance Company.

Affirmed in part, and dismissed in part and remanded.

PRESIDING JUSTICE SULLIVAN delivered the opinion of the court:

This appeal is from certain orders of the trial court in an action to recover upon bonds given in connection with contracts for the construction of a public works project.

The record discloses that on August 12, 1982, Klein Construction Company (Klein) entered into a general contract with the city of Chicago (city) for the construction...

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