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PITTMAN v. MANION

No. 5-90-0215.

570 N.E.2d 1169 (1991)

212 Ill. App.3d 342

156 Ill.Dec. 447

Phil PITTMAN, d/b/a Phil's Building Materials Center, Plaintiff, v. James A. MANION; Bobbie L. Manion; David Laird; Boatmen's Bank of Mt. Vernon; Bank of Illinois in Mt. Vernon; Lindberg Distributing Company, Inc.; Robert Knauss; Stephen Paul Warren; Anchor Garden and Rental Center of Mt. Vernon; Tony R. Baldridge; Dwight D. Timmons; Eater Heating and Cooling Service, Co., a Partnership; Howe Carpets and Cabinets, Irvington, Illinois; Jefferson County Ready Mix; and Unknown Owners, Defendants (Eater Heating and Cooling Service Co., a Partnership, Counterplaintiff-Appellant, v. James A. Manion, Bobbie L. Manion, Boatmen's Bank of Mt. Vernon, Bank of Illinois in Mt. Vernon, and Phil Pittman, Counterdefendants-Appellees).

Appellate Court of Illinois, Fifth District.

Rehearing Denied May 23, 1991.

Attorney(s) appearing for the Case

Demetri Hassakis, Hassakis & Hassakis, Mount Vernon, for plaintiff.

Pamela Lacey, Hart & Hart, Benton, for James A. Manion & Bobbie L. Manion.

Howard & Howard, Mount Vernon (G.W. Howard III, of counsel), for Boatmen's Bank of Mount Vernon.

David M. Raymond, Law Office of Douglas A. Antonik, Mount Vernon, for Bank of Illinois.

Justice WELCH delivered the opinion of the court:

Appellant, Eater Heating & Cooling Service Co. (hereinafter, "Eater"), appeals from the dismissal with prejudice of its counterclaim by the circuit court of Jefferson County on March 12, 1990. For the reasons which follow, we reverse the order of the circuit court and remand this cause with directions.

The original action was initiated by Phil Pittman on July 27, 1988, with the filing of a complaint to...

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