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CONSOL BUILDERS & SUPPLY CO. v. EBENS

No. 74-20.

24 Ill. App.3d 988 (1975)

322 N.E.2d 248

CONSOL BUILDERS & SUPPLY CO., INC., Plaintiff-Appellant, v. ALLEN EBENS et al., Defendants-Appellees.

Appellate Court of Illinois — Second District.

January 20, 1975.

Attorney(s) appearing for the Case

Garard & Moehle, of Oregon, for appellant.

Fearer & Nye and C.M. Glosser, both of Rochelle, for appellees.

Judgment affirmed.

Mr. JUSTICE JONES delivered the opinion of the court:

Plaintiff appeals an order of the trial court granting defendants' motion to dismiss his complaint for foreclosure of a mechanic's lien because of res judicata. Defendants Allen Ebens and Dorothy L. Ebens were originally made parties as contract vendors of the real estate involved. Their interest terminated, and they were dismissed out of the action.

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