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AIRTITE v. DPR LTD. PARTNERSHIP

No. 4-93-0970.

638 N.E.2d 241 (1994)

265 Ill. App.3d 214

202 Ill.Dec. 595

AIRTITE, A DIVISION OF AIRTEX CORP., an Illinois Corporation, Plaintiff-Appellee, v. DPR LIMITED PARTNERSHIP, Defendant-Appellant, (Empire Development Company, a Delaware Corporation, Mutual Benefit Life Insurance Company, Pipco Companies, Ltd., and Unknown Owners, Defendants).

Appellate Court of Illinois, Fourth District.

Decided June 29, 1994.

Attorney(s) appearing for the Case

William C. Wetzel (argued), Livingston, Barger, Brandt & Schroeder, Bloomington, for appellant.

Darrell L. Hartweg (argued), Luedtke, Hartweg & Turner, Bloomington, James M. Rogan, Kelly, Olson, Pusch, Rogan & Siepker, Chicago, for appellee.

Justice KNECHT delivered the opinion of the court:

Airtite, a subcontractor, sought to foreclose a mechanic's lien against all defendants, including DPR Limited Partners (DPR). A hearing was held and the trial court found in favor of Airtite and entered a judgment for foreclosure and sale. DPR appeals, arguing the doctrine of res judicata should have been applied to bar the action in its entirety and, alternatively, the grant of foreclosure was erroneous. We...

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