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LAZAR BROS. TRUCKING v. A & B EXCAVATING

No. 1-05-0384.

850 N.E.2d 215 (2006)

LAZAR BROTHERS TRUCKING, INC., Plaintiff-Appellant, v. A & B EXCAVATING, INC.; Corus Bank, N.A.; Unknown Owners and Nonrecord Claimants, Defendants, and Schmidt & Associates Construction, Inc., Defendant-Appellee.

Appellate Court of Illinois, First District, Sixth Division.

April 7, 2006.

Attorney(s) appearing for the Case

Patrick L. Edgerton, Edgerton & Edgerton, Chicago, for Appellant.

Barry I. Mortge, Cohen, Salk & Huvard, P.C., Northbrook, for Appellee.

Presiding Justice McNULTY delivered the opinion of the court:

Lazar Brothers Trucking sued to foreclose a mechanics lien it filed against property Schmidt & Associates Construction owned. The trial court dismissed the claim based on lien waivers Schmidt obtained from its contractor. The lien waivers showed that before Lazar filed its lien, Schmidt fully paid its contractor for the work Lazar performed. We hold that the lien waivers established a prima facie...

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