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CAPITAL PLUMBING & HEATING CO. v. SNYDER

No. 11495.

2 Ill. App.3d 660 (1971)

275 N.E.2d 663

CAPITAL PLUMBING & HEATING SUPPLY COMPANY, Plaintiff, v. JOHN A. SNYDER et al., Defendants-Appellees. — (ROBERT E. MIDDEN, d/b/a MIDDEN SUPPLY COMPANY, Defendants-Counterclaimants-Appellants.)

Appellate Court of Illinois — Fourth District.

November 23, 1971.

Attorney(s) appearing for the Case

Baird, Latendresse, McCarthy & Weinman, of Decatur, (Donald G. Baird, of counsel,) for appellants.

Rosenberg, Rosenberg, Bickes & Johnson, of Decatur, (Joseph L. Rosenberg and David L. Johnson, of counsel,) for appellees.

Reversed and remanded.

Mr. PRESIDING JUSTICE SMITH delivered the opinion of the court:

This is an appeal from the denial by the trial court of two mechanics' liens, one filed by a subcontractor, Ted Bates, and the other filed by a materialman, Robert Midden. The appellants herein are intervening petitioners in a mechanic's lien foreclosure suit filed by Capital Plumbing & Heating Supply Company. It is the second appeal arising out of the same factual situation...

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