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GEIER v. HAMER ENTERPRISES, INC.

No. 1-89-0420.

589 N.E.2d 711 (1992)

226 Ill. App.3d 372

168 Ill.Dec. 311

Matthew GEIER, Plaintiff, v. HAMER ENTERPRISES, INC., et al., Defendants Hamer Holding Group, Inc., Third-Party Plaintiff-Appellant; Coleman Floor Company, a corporation, Third-Party Defendant-Appellee.

Appellate Court of Illinois, First District, Fifth Division.

February 21, 1992.

Attorney(s) appearing for the Case

O'Connor, Schiff & Myers, Chicago (Elliot R. Schiff, John W. Grove, of counsel), for Coleman Floor Co.

Hinshaw, Culbertson, Moelmann, Hoban & Fuller, Chicago (D. Kendall Griffith, Karl N. Klockars and Lynn D. Dowd, of counsel), for Hamer Holding Group, Inc.

Justice GORDON delivered the opinion of the court;

After filing a prior opinion dismissing this cause for lack of jurisdiction, a petition for rehearing was filed by the Appellant together with an amicus brief in support thereof. For the reasons which we shall discuss below we have entered an order vacating and withdrawing our earlier opinion. We now file this new opinion in its stead in which we proceed to decide this appeal on its substantive merits.

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