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CONSUMER ELECTRIC CO. v. COBELCOMEX, INC.

No. 85-1076.

149 Ill. App.3d 699 (1986)

501 N.E.2d 156

CONSUMER ELECTRIC COMPANY, Plaintiff-Appellant, v. COBELCOMEX, INC., Defendant (Owens-Illinois, Inc., Defendant-Appellee).

Appellate Court of Illinois — First District (1st Division).

Rehearing denied December 16, 1986.

Attorney(s) appearing for the Case

Kovar, Nelson & Brittain, of Chicago (John B. Murnighan, of counsel), for appellant.

Berman, Fagel, Haber, Maragos & Abrams, of Chicago (Glen T. Keysor and Steven J. Teplinsky, of counsel), for appellee.

Reversed and remanded.

JUSTICE CAMPBELL delivered the opinion of the court:

Plaintiff, Consumer Electric Company (Consumer), appeals from an order of the circuit court of Cook County which granted a motion to dismiss filed by defendant, Owens-Illinois, Inc. (O-I), pursuant to section 2-619(a)(9) of the Code of Civil Procedure (Ill. Rev. Stat. 1985, ch. 110, par. 2-619(a)(9)), thereby dismissing Consumer's complaint seeking foreclosure of a mechanic's lien...

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