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WESTCON/DILLINGHAM MICROTUNNELING v. WALSH CONST. CO.

No. 2-00-0590.

747 N.E.2d 410 (2001)

319 Ill. App.3d 870

254 Ill.Dec. 370

WESTCON/DILLINGHAM MICROTUNNELING; Westcon Microtunneling; and Dillingham Construction Company, N.A., Plaintiffs-Appellants, v. WALSH CONSTRUCTION COMPANY OF ILLINOIS, Defendant and Third-Party Plaintiff-Counterdefendant (Lake County, Illinois, Third-Party Defendant; and Glenbrook Excavating and Concrete, Inc., Intervening Counterplaintiff-Appellee).

Appellate Court of Illinois, Second District.

March 30, 2001.

Attorney(s) appearing for the Case

Eugene G. Callahan, Matthew W. LaKoma, Callahan, Fitzpatrick, LaKoma & McGlynn, Oak Brook, Harry C. Lee, Law Office of Harry C. Lee, Chicago, for Dillingham Construction Co., Westcon Microtunneling, Westcon/Dillingham Microtunneling.

John J. Foley, Daniel J. Schairbaum, Maurides & Foley, L.L.C., Chicago, for Glenbrook Excavating & Concrete, Inc.

James R. Carr, Holland & Knight, LLP, Chicago, for County of Lake.

Justice GROMETER delivered the opinion of the court:

The circuit court of Lake County entered an order releasing certain funds to Glenbrook Excavating and Concrete, Inc. (Glenbrook). These funds were released to satisfy a lien asserted under section 23 of the Mechanics Lien Act (Act) (770 ILCS 60/23 (West 1998)) arising out of a construction project for Lake County on which Glenbrook was a subcontractor. Westcon/Dillingham Microtunneling, a joint venture of Westcon...

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