FORTECH, L.L.C. v. R.W. DUNTEMAN CO., INC.

No. 1-05-1526.

852 N.E.2d 451 (2006)

FORTECH, L.L.C., Plaintiff/Counterdefendant v. R.W. DUNTEMAN COMPANY, INC., Du-Kane Asphalt Company, Inc., Allan J. Dunteman, and Paul J. Dunteman, Defendants (Du-Kane Asphalt Company, Inc., Counterplaintiff/Third-Party Plaintiff/Appellant; K-Five Construction Company, Third-Party Defendant/Appellee; Donald West, Third-Party Defendant).

Appellate Court of Illinois, First District, First Division.

June 30, 2006.


Attorney(s) appearing for the Case

Bradley B. Falkof, Jonathan O. Froemel and Brad E. Rago of Barnes & Thornburg LLP, Chicago, for Appellants.

Phillip A. Luetkehans and Brian J. Armstrong of Schirott & Luetkehans, P.C., Itasca, for Appellee.


Justice McBRIDE delivered the opinion of the court:

Third-party plaintiff Du-Kane Asphalt Company (Du-Kane) appeals from the circuit court's order resolving cross-motions for summary judgment in favor of third-party defendant K-Five Construction Corporation, incorrectly sued as K-Five Construction Company (K-Five), as to Du-Kane's claims of conversion and unjust enrichment. K-Five was operating as an agent of Du-Kane's landlord in 1997 when it allegedly converted...

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