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BARRAGAN v. OSMAN CONST. CORP.

No. 1-01-2557.

815 N.E.2d 842 (2004)

352 Ill. App.3d 33

287 Ill.Dec. 198

Veronica BARRAGAN, Indiv. and as Special Adm'r of the Estate of Roberto Barragan, Deceased, and Jesus Barragan, Plaintiffs, v. OSMAN CONSTRUCTION CORPORATION, Defendant-Appellant (Casco Design Corporation, Defendant-Appellee).

Appellate Court of Illinois, First District, Second Division.

August 24, 2004.

Attorney(s) appearing for the Case

Matthew J. Egan of Pretzel & Stouffer, Chtd., Chicago (Robert Marc Chemers and Scott L. Howie, of counsel), for Appellant.

Momkus Ozog & McCluskey LLC, Downers Grove (James P. Marsh and James F. McCluskey, of counsel), for Appellee.

Justice CAHILL delivered the opinion of the court:

This case involves the interplay between two statutes: section 13-204 of the Code of Civil Procedure (Code), governing claims for contribution and indemnity (735 ILCS 5/13-204 (West 2000)), and section 13-207 of the Code, governing counterclaims and setoff (735 ILCS 5/13-207 (West 2000)).

Defendant Osman Construction Corporation (Osman) appeals the dismissal of its counterclaim for contribution against defendant...

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