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KURFESS v. AUSTIN CO.

No. 92 C 1316.

840 F.Supp. 535 (1993)

Richard A. KURFESS, Plaintiff, v. AUSTIN COMPANY, an Ohio corporation, Defendant.

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

November 30, 1993.

Attorney(s) appearing for the Case

Robert M. Foote, Paul G. Krentz, Murphy, Hupp, Foote, Mielke & Kinnally, Aurora, IL, for Richard A. Kurfess.

Richard G. Howser, Richard Harvey Lehman, Clausen, Miller, Gorman, Caffrey & Witous, P.C., Chicago, IL, for Austin Co.

William R. Galliani, Galliani & Doell, Ltd., Chicago, IL, for Terstep Co., Inc.

MEMORANDUM OPINION

GRADY, District Judge.

This diversity case is before the court on defendant Austin Company's ("Austin") motion for summary judgment on Count II of the amended complaint. As explained below, the court grants the motion.

BACKGROUND

Plaintiff Richard A. Kurfess was injured while employed as a carpenter by Terstep Company, Inc. ("Terstep"), a subcontractor at a post office construction site in Carol Stream,...

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