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PETER J. HARTMANN CO. v. CAPITOL BANK

No. 1-03-3296.

817 N.E.2d 913 (2004)

288 Ill.Dec. 263

PETER J. HARTMANN COMPANY, an Illinois Corporation, Plaintiff-Appellant/Cross-Appellee, v. CAPITOL BANK & TRUST COMPANY, as Trustee under Trust Agreement No. 1975; Capitol Bank & Trust Company; North Bank; Oklahoma Oil Company; Aldo Bottalla; Daniel Pontarelli; R. Neil Beaulieu; Anthony Minscalco; Parkview Plaza Associates, Inc.; Carolyn Mosley Braun, Registrar of Titles; and Unknown Others, Defendants-Appellees, and Emil Ross, Inc., Defendant-Appellee/Cross-Appellant.

Appellate Court of Illinois, First District, Fourth Division.

As Modified Upon Denial of Rehearing November 10, 2004.

Attorney(s) appearing for the Case

Kesslser, Krantz & Christensen, Chicago (Kevin R. Krantz, Thomas A. Christensen, of counsel), for Appellant.

Wolfe & Polovin, Chicago (Richard Wolfe, Amy Leigh Kile, Rory Cassidy, of counsel), for Appellees.

Justice HARTMAN delivered the modified opinion of the court upon denial of rehearing:

Plaintiff, Peter J. Hartmann Company (Hartmann), sought compensation for its removal and disposal of contaminated soil from property located at 2800 West Irving Park Road (the property) from defendants, Capitol Bank & Trust Company, as Trustee under Trust Agreement No. 1975, Capitol Bank & Trust Company, North Bank, Oklahoma Oil Company, Aldo Bottalla, Stephen D. Korshak...

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