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ALLIANCE STEEL, INC. v. PIERCY

No. 4-95-0395.

660 N.E.2d 1341 (1996)

277 Ill.App.3d 632

214 Ill.Dec. 392

ALLIANCE STEEL, INC., Plaintiff-Appellee, v. Curtis B. PIERCY, Justina H. Piercy and Linda Piercy, Defendants-Appellants (Pre-Engineered Steel, Inc., Bloomington Federal Savings & Loan Association, n/k/a Champion Federal Savings & Loan Association, and Bank of Carlock, Defendants).

Appellate Court of Illinois, Fourth District.

January 31, 1996.

Attorney(s) appearing for the Case

Frederic L. Kenney (argued), Winters, Featherstun, Gaumer, Kenney, Postlewait, Stock, Decatur, for Curtis B. Piercy.

David G. Lubben (argued), Keck, Mahin & Cate, Peoria, for Alliance Steel, Inc.

Presiding Justice COOK delivered the opinion of the court:

The trial court entered summary judgment in favor of a subcontractor (materialman) who had brought suit to foreclose a mechanic's lien. The owner appeals. We reverse and remand.

The affidavits filed in connection with the motion for summary judgment show the following facts. Curtis B. Piercy owns and operates Piercy Auto Body in Carlock, Illinois. On August 12, 1991, Piercy entered into a contract...

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