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FAIRBANKS CAPITAL v. COLEMAN

No. 1-03-3600.

816 N.E.2d 695 (2004)

352 Ill. App.3d 550

287 Ill.Dec. 728

FAIRBANKS CAPITAL, Plaintiff-Appellee, v. Stanley COLEMAN, Stanley Walson, and Unknown Occupants, Defendants (Michael Sheahan, Sheriff of Cook County, Third-Party Contemnor-Appellant).

Appellate Court of Illinois, First District, Sixth Division.

September 3, 2004.

Attorney(s) appearing for the Case

Richard A. Devine, Cook County State's Attorney, Chicago (Louis R. Hegeman and Jeffrey S. McCutchan, of counsel), for Appellant County of Cook.

Arnstein & Lehr LLP, Chicago (Samuel H. Levine, David S. Wayne and Hal R. Morris, of counsel), for Appellee Fairbanks Capital.

Justice FROSSARD delivered the opinion of the court:

Contemnor Michael F. Sheahan, sheriff of Cook County, appeals from an order of the circuit court adjudging him in contempt for refusing to execute an order of possession entered in favor of plaintiff Fairbanks Capital. On appeal, contemnor contends that the contempt order must be vacated and the possession order entered in favor of plaintiff be declared invalid.

BACKGROUND

In April 2002, plaintiff...

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