ROTHERS CONST. v. CENTURION INDUSTRIES

No. 4-02-0347.

786 N.E.2d 644 (2003)

337 Ill. App.3d 629

272 Ill.Dec. 105

ROTHERS CONSTRUCTION, INC., Plaintiff-Appellant, v. CENTURION INDUSTRIES, INC., d/b/a A-Lert Construction Services; O'Malley Grain, Inc.; and Unknown Owners and Non-Record Claimants, Defendants-Appellees.

Appellate Court of Illinois, Fourth District.

Decided March 20, 2003.


Attorney(s) appearing for the Case

John W. Foltz (argued), Glasgow & Foltz, P.C., Monticello, for Rothers Construction, Inc.

Edward Q. Costa, Bridget C. Hogan (argued), Samuels, Miller, Schroeder, Jackson & Sly, Decatur, for O'Malley Grain, Inc.


Justice KNECHT delivered the opinion of the court:

Plaintiff, Rothers Construction, Inc., a subcontractor, brought an action in the circuit court of Piatt County to foreclose a mechanics lien against defendants, O'Malley Grain, Inc., the owner of a construction project, and Centurion Industries, Inc., d/b/a A-Lert Construction Services (A-Lert), the general contractor. Defendants filed a motion to dismiss pursuant to section 2-619(a)(9) of the Code of Civil Procedure...

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