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VERNON HILLS III LIMITED PARTNERSHIP v. ST. PAUL FIRE & MARINE INS. CO.

No. 2-96-0724.

678 N.E.2d 374 (1997)

287 Ill. App.3d 303

222 Ill.Dec. 762

VERNON HILLS III LIMITED PARTNERSHIP, Plaintiff and Counter-defendant-Appellee, v. ST. PAUL FIRE AND MARINE INSURANCE COMPANY, Defendant (Bucon, Inc., d/b/a Butler Construction Company, Defendant and Counterplaintiff-Appellant).

Appellate Court of Illinois, Second District.

April 3, 1997.

Attorney(s) appearing for the Case

Peter G. Swan, Emalfarb, Swan & Bain, Highland Park, Matthew R. Hale, Troy H. Ellis, Polsinelli, White, Vardeman & Shalton, Kansas City, MO, for Bucon, Inc., dba Butler Construction Co.

John H. Anderson, Seyfarth, Shaw, Fairweather & Geraldson, Chicago, for Vernon Hills III Ltd. Partnership.

Presiding Justice GEIGER delivered the opinion of the court:

The defendant and counterplaintiff, Bucon, Inc. (Bucon), appeals from the April 23, 1996, order of the circuit court of Lake County granting summary judgment in favor of the plaintiff and counterdefendant, Vernon Hills III Limited Partnership (VHLP), on its claim for declaratory judgment. The trial court ruled that Bucon forfeited its mechanic's lien by failing to commence an action to foreclose the lien...

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