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UNITED EXCAVATING & WRECKING v. WROAN & SONS

No. 13477.

43 Ill. App.3d 101 (1976)

356 N.E.2d 1160

UNITED EXCAVATING & WRECKING, INC., Plaintiff-Appellant, v. J.L. WROAN & SONS, INC., et al., Defendants-Appellees.

Appellate Court of Illinois — Fourth District.

Opinion filed November 4, 1976.

Attorney(s) appearing for the Case

McConnell, Kennedy, Quinn & Morris, of Peoria, for appellant.

Fleming, Messman, Lapan & O'Connor, of Bloomington, for appellee J.L. Wroan & Sons, Inc.

Bane, Allison, Saint & Bliss, of Bloomington, for appellees Jack Johnson and Paul Johnson.

Reversed and remanded.

Mr. JUSTICE REARDON delivered the opinion of the court:

Plaintiff appeals from two orders of the Circuit Court of McLean County. One, dated December 5, 1973, granted judgment in favor of defendant Wroan pursuant to Supreme Court Rule 219(c) (58 Ill.2d R. 219(c)). The order dismissed the complaint against Wroan with prejudice and assessed $100 against plaintiff for Wroan's attorney fees. A second order, dated July 11, 1975, granted Wroan...

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