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CONCRETE PRODUCTS, INC. v. CENTEX HOMES

No. 2-99-0287.

721 N.E.2d 802 (1999)

308 Ill. App.3d 957

242 Ill.Dec. 523

CONCRETE PRODUCTS, INC., d/b/a Aurora Concrete Products Company, Plaintiff-Appellee, v. CENTEX HOMES and Lord and Essex, Inc., Defendants-Appellants (Grace Development Corporation; Haeger and Associates; COR Construction and Development, Ltd.; H. Linden and Sons Sewer and Water, Inc.; Northern Illinois Gas Company; Unknown Owners, and Nonrecord Claimants, Defendants).

Appellate Court of Illinois, Second District.

December 3, 1999.

Attorney(s) appearing for the Case

Nicholas C. Dranias, Constantine N. Dranias, Dranias, Harrington & Wilson, Chicago, for Centex Homes, et al.

David T.B. Audley, Chapman & Cutler, Chicago, for Concrete Products Inc.

Justice INGLIS delivered the opinion of the court:

Defendants, Centex Homes (Centex) and Lord & Essex, Inc. (Lord & Essex), appeal the judgments of the circuit court of Kane County, granting plaintiff, Concrete Products, Inc., summary judgment on plaintiff's action to foreclose on its mechanic's lien and awarding plaintiff attorney fees. We vacate the trial court's judgments and remand the cause.

Plaintiff was hired as a subcontractor to supply materials...

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