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LOWE EXCAVATING v. INTERN. UNION OF OP. ENG.

No. 2-00-1363.

765 N.E.2d 21 (2002)

327 Ill. App.3d 711

262 Ill.Dec. 195

LOWE EXCAVATING COMPANY, Plaintiff-Appellant and Cross-Appellee, v. INTERNATIONAL UNION OF OPERATING ENGINEERS LOCAL NO. 150 and Robert Darling, Defendants-Appellees and Cross-Appellants.

Appellate Court of Illinois, Second District.

As Modified Upon Denial of Rehearing February 22, 2002.

Attorney(s) appearing for the Case

Gerard C. Smetana, Smetana & Avakian, Chicago, Michael E. Avakian, North Springfield, VA, for Lowe Excavating Co.

Louis E. Sigman, Dale D. Pierson, Elizabeth A. LaRose, Baum, Sigman, Auerbach, Pierson, Neuman & Katsaros, R. Mark Gummerson, Campion, Curran, Rausch, Gummerson & Dunlop, P.C., Crystal Lake, for Robert Darling, International Union of Operating Engineers Local No. 150.

Modified Upon Denial of Rehearing

Justice McLAREN delivered the opinion of the court.

The following facts are taken from the record. Plaintiff, Lowe Excavating Company, is an Illinois corporation engaged in excavating and site preparation services since 1969. Marshall Lowe was the president of Lowe at the time of the incidents at issue. Defendant International Union of Operating Engineers Local No. 150 (the Union) is a labor organization doing business ...

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