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VULCAN MATERIALS CO. v. HOLZHAUER

No. 4-92-0018.

599 N.E.2d 449 (1992)

234 Ill. App.3d 444

174 Ill.Dec. 665

VULCAN MATERIALS COMPANY, a Corporation, Plaintiff-Appellant, v. Norman HOLZHAUER and Janice Holzhauer, n/k/a Janice Holzhauer Shay, Defendants-Appellees.

Appellate Court of Illinois, Fourth District.

Rehearing Denied October 6, 1992.

Attorney(s) appearing for the Case

Fellheimer, Travers & Engelman, Ltd. (Robert M. Travers David J. Babb, Jr., of counsel), Pontiac, for plaintiff-appellant.

Strong, Blakeman & Schrock, Ltd. (Kenneth L. Strong, of counsel), Pontiac, for defendants-appellees.

Presiding Justice GREEN delivered the opinion of the court:

On May 8, 1985, plaintiff Vulcan Materials Company (Vulcan) filed suit in the circuit court of Livingston County against defendants Norman and Janice Holzhauer seeking a declaratory judgment that a lease of realty for a quarrying operation was still in force. Defendants are the lessors and plaintiff is the assignee of the lessee, Pontiac Stone Company (Pontiac). The pleadings indicated defendants had notified...

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