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MARKSTAHLER v. CONSUMERS DEV. & CONSTR.

No. 14410.

52 Ill. App.3d 918 (1977)

368 N.E.2d 791

JAMES L. MARKSTAHLER, Plaintiff, v. CONSUMERS DEVELOPMENT AND CONSTRUCTION, LTD., et al., Defendants. — (CONSUMERS DEVELOPMENT & CONSTRUCTION, LTD., Third-Party Plaintiff-Appellee, v. C-U COMPANY, Third-Party Defendant-Appellant.)

Appellate Court of Illinois — Fourth District.

Opinion filed October 14, 1977.

Attorney(s) appearing for the Case

T.G. Knappenberger, Jr., of Champaign, for appellant.

Sebat, Swanson, Banks, Lessen & Garman, of Danville (Ralph J. Swanson, of counsel), for appellee.

Appeal dismissed.

Mr. JUSTICE GREEN delivered the opinion of the court:

This case concerns the question of whether a judgment determining a third-party defendant liable to indemnify a third-party plaintiff accompanied by a finding that "there is no just reason to delay enforcement of or appeal from this order" is appealable when neither the liability nor damages in the underlying case, for which the third-party plaintiff sought indemnity, have been determined...

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