MCKENZIE DREDGING CO. v. DENEEN RIVER CO.

Nos. 3-92-0801, 3-92-0836.

619 N.E.2d 188 (1993)

249 Ill. App.3d 694

188 Ill.Dec. 824

McKENZIE DREDGING COMPANY, INC., a Corporation, Plaintiff-Appellant, v. DENEEN RIVER COMPANY, INC., a Corporation; Melvin Budd, Justine Budd, Vernon Budd and Charlene Budd, all individually and as former shareholders of Deneen River Company, Inc., Defendants-Appellees. McKENZIE DREDGING COMPANY, INC., a Corporation, Plaintiff-Appellee, v. DENEEN RIVER COMPANY, INC., a Corporation; Melvin Budd, Justine Budd, Vernon Budd and Charlene Budd, all individually and as former shareholders of Deneen River Company, Inc., Defendants-Appellants.

Appellate Court of Illinois, Third District.

August 17, 1993.


Attorney(s) appearing for the Case

John W. Robertson (argued), Barash, Stoerzbach & Henson, Galesburg, for McKenzie Dredging Co., Inc.

Kevin R. Galley (argued), Law Office of Kevin R. Galley, Lacon, for Deneen River Co., Inc., Melvin Budd, Justine Budd, Vernon Budd, and Charlene Budd.


Justice SLATER delivered the opinion of the court:

Plaintiff McKenzie Dredging Company entered into a joint venture agreement with Deneen River Company (Deneen) to do construction work on navigational locks at Quincy, Illinois, and Saverton, Missouri, for the Army Corps of Engineers. After completion of the project, plaintiff filed an action for an accounting and other damages against Deneen. While the suit was pending, Deneen sold its assets and the corporation was...

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