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COUNTY OF COOK v. KONTOS

No. 1-89-2521.

565 N.E.2d 249 (1990)

206 Ill. App.3d 1085

152 Ill.Dec. 7

COUNTY OF COOK, a body politic and corporate, Plaintiff, v. Donald KONTOS, Where Else Lounge, Inc., Lawrence Garlisch, Roselle State Bank, as Trustee under Trust No. 1084 dated March 18, 1970, Defendants and Third-Party Plaintiffs-Appellants (Pagni Industrial Corporation, an Illinois corporation, Jobbers Supply Company, an Illinois corporation, and Village of Elk Grove Village, a municipal corporation, Third-Party Defendants-Appellees).

Appellate Court of Illinois, First District, First Division.

December 10, 1990.

Attorney(s) appearing for the Case

Bradtke & Zimmermann, Mount Prospect (John J. Zimmermann, of counsel), for plaintiffs-appellants.

Samelson, Knickerbocker & Payne, Des Plaines (George B. Knickerbocker, of counsel), for defendant-appellee Elk Grove Village.

Justice O'CONNOR delivered the opinion of the court:

Donald Kontos, Where Else Lounge, Inc., Lawrence Garlisch and Roselle State Bank as Trustee (defendants) appeal from a court order that denied and dismissed their Rule to Show Cause.

On December 11, 1980, the County of Cook filed suit against the defendants alleging a malfunctioning septic system on the defendants' property (the subject property). Subsequently, defendants filed a third party complaint against...

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