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R.O.W. WINDOW CO. v. ALLMETAL, INC.

No. 3-05-0643.

856 N.E.2d 55 (2006)

367 Ill. App.3d 749

305 Ill.Dec. 523

R.O.W. WINDOW COMPANY f/k/a Rockdale Sales & Trim, Inc., its predecessor-in-interest, Plaintiff-Appellant, v. ALLMETAL, INC., Defendant-Appellee.

Appellate Court of Illinois, Third District.

October 6, 2006.

Attorney(s) appearing for the Case

Pamela Davis Gorcowski (argued), Bryan W. Kopman, Dykema, Gossett, Rooks, Pitts, PLLC, Joliet, for R.O.W. Window Company.

Kimberly Jansen (argued), Hinshaw & Culbertson, LLP, Chicago, William Cassian, Hinshaw & Culbertson, LLP, Joliet, for Allmetal, Inc.

Justice CARTER delivered the Opinion of the Court:

The plaintiff, R.O.W. Window Company, brought suit against the defendant, Allmetal, Inc., for breach of implied warranty of fitness for a particular purpose and breach of implied warranty of merchantability. The trial court found that the implied warranties had been disclaimed and granted the defendant's motion to dismiss the suit with prejudice. The plaintiff appeals and...

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