ESL DELIVERY SERV. CO. v. DELIVERY NETWORK

No. 5-07-0122.

893 N.E.2d 289 (2008)

ESL DELIVERY SERVICES COMPANY, Plaintiff and Counterdefendant-Appellee, v. DELIVERY NETWORK, INC., and FI Warehouse Corporation, Defendants and Counterplaintiffs-Appellants.

Appellate Court of Illinois, Fifth District.

July 25, 2008.


Attorney(s) appearing for the Case

Karen L. Kendall, Craig L. Unrath, Stephen J. Heine, Adam J. Lagocki, Heyl, Royster, Voelker & Allen, Peoria, IL, for Appellants.

John L. McMullin, Esq., T. Michael Ward, Brown & James, P.C., St. Louis, MO, for Appellee.


Presiding Justice STEWART delivered the opinion of the court:

The counterplaintiffs, Delivery Network, Inc., and FI Warehouse Corp. (collectively referred to as Delivery Network), appeal from an order of the circuit court of Madison County granting a summary judgment in favor of the counterdefendant, ESL Delivery Services Company (ESL). We reverse.

BACKGROUND

Delivery Network owned and operated a warehouse facility located in Granite City, Illinois...

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