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CONTRACTORS' READY-MIX, INC. v. EARL GIVEN CONSTRUCTION CO.

No. 4-92-0282.

611 N.E.2d 529 (1993)

242 Ill. App.3d 448

183 Ill.Dec. 266

CONTRACTORS' READY-MIX, INC., an Illinois Corporation, Plaintiff-Appellee, v. EARL GIVEN CONSTRUCTION COMPANY, INC. an Illinois Corporation, First Midwest Bank/Western Illinois, N.A.Lincoln as Trustee under Illinois Land Trust No. 42-000-431-9, The Guardian Life Insurance Company of America, Unknown Owners and Non-Record Claimants, Defendants-Appellants.

Appellate Court of Illinois, Fourth District.

Decided February 18, 1993.

As Modified on Denial of Rehearing April 14, 1993.

As Modified on Denial of Rehearing April 21, 1993.

Attorney(s) appearing for the Case

William C. Connor (argued), The Leiter Group, Peoria, for Earl Given & Sons.

Karen L. Kendall (argued), Brent H. Gwillim, Heyl, Royster, Voelker & Allen, Peoria, for First Midwest Bank.

Mohan, Alewelt, Prillaman & Adami, Springfield (Cheryl Stickel Neal of counsel, argued), for plaintiff-appellee.

MODIFIED ON DENIAL OF REHEARING

Justice GREEN delivered the opinion of the court modified on denial of petition for rehearing:

On April 1, 1991, plaintiff Contractors' Ready-Mix, Inc. (Ready-Mix), filed suit in the circuit court of Logan County against Earl Given Construction Company, Inc. (Given), First Midwest Bank/Western Illinois, N.A./Lincoln, as trustee of a certain land trust (owner), Guardian Life Insurance Company of America (INA), and unknown owners...

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