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WM. AUPPERLE & SONS v. AMER. NAT'L BK. & T.

No. 74-139.

28 Ill. App.3d 573 (1975)

329 N.E.2d 458

WILLIAM AUPPERLE & SONS, INC., Plaintiff-Appellee, v. AMERICAN NATIONAL BANK & TRUST COMPANY OF CHICAGO et al., Defendants-Appellants.

Appellate Court of Illinois — Third District.

Rehearing denied June 24, 1975.

Attorney(s) appearing for the Case

Bruce R. Becker, of Peoria, for appellants.

Mathis, Sloan & Littler, of Peoria and Wanless Professional Corp., of Morton (Paul J. Johnston, of counsel), for appellee.

Reversed in part, affirmed in part, and modified in part and remanded.

Mr. JUSTICE STENGEL delivered the opinion of the court:

Plaintiff Aupperle, subcontractor for the Royal Oaks Apartment building project in Peoria, Illinois, brought this action to foreclose a mechanics' lien for an unpaid balance of $33,485.54 alleged to be due for labor and materials furnished for the project under a written agreement with...

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