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J & K CEM. CONSTR., INC. v. MONTALBANO BLDRS., INC.

No. 82-1000.

119 Ill. App.3d 663 (1983)

456 N.E.2d 889

J&K CEMENT CONSTRUCTION, INC., Plaintiff-Appellee, v. MONTALBANO BUILDERS, INC., Defendant-Appellant — (Joseph Falbo et al., Defendants-Appellees).

Appellate Court of Illinois — Second District.

Opinion filed November 15, 1983.

Attorney(s) appearing for the Case

Gerard B. Gallagher and Michael McGurn, both of Conklin & Adler, Ltd., of Oak Brook, for appellant.

William D. Lyman, of Oak Brook, for appellees.

Reversed and remanded.

JUSTICE LINDBERG delivered the opinion of the court:

Defendant-appellant, Montalbano Builders, Inc. (Montalbano), appeals from an order of the circuit court of Du Page County denying his motion to stay all proceedings and to compel arbitration. Montalbano and defendants-appellees Joseph and Mary Falbo (the Falbos) entered into a written contract which included an arbitration clause on October 29, 1980, for the construction of a home...

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