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EVERGREEN OAK ELEC. v. FIRST CHICAGO BANK

No. 1-94-0077.

657 N.E.2d 1149 (1995)

276 Ill.App.3d 317

212 Ill.Dec. 804

EVERGREEN OAK ELECTRIC SUPPLY AND SALES COMPANY, INC., Plaintiff-Appellant, v. FIRST CHICAGO BANK OF RAVENSWOOD as Trustee under Trust Agreement No. 25-10451 dated November 22, 1989; First Chicago Bank of Ravenswood; First Chicago Trust Company of Illinois as Successor Trustee to First Chicago Bank of Ravenswood as Trustee under Trust Agreement No. 25-10451 dated November 22, 1989; First Chicago Trust Company of Illinois; Chicago Title and Trust Company; Kaiser Family Limited Partnership; Kaiser Developers, Inc.; Jeffrey Kaiser; Jordan Kaiser; Walter Kaiser; the Illinois State Toll Highway Authority; MJS Electrical Contractors of Illinois, Inc.; Trapani Construction, Inc.; and Unknown Owners, Defendants-Appellees.

Appellate Court of Illinois, First District, Fourth Division.

November 16, 1995.

Attorney(s) appearing for the Case

Stephen Levy and Associates, Chicago (Stephen Levy and Thomas G.A. Herz, Jr., of counsel), for appellant.

Michael J. Wall of Rothschild, Barry & Myers, Chicago, for appellees.

Justice CAHILL delivered the opinion of the court:

Evergreen Oak Electric Supply and Sales Company, Inc. (Evergreen) sued to foreclose a materialman's lien. Two of the named defendants moved to dismiss the second amended complaint under section 2-619(a)(9) of the Code of Civil Procedure. (735 ILCS 5/2-619 (West 1993).) The trial court granted the motion and dismissed the complaint. Evergreen appealed. We reverse.

Evergreen alleged in its complaint that it...

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