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CHARTER BANK & TR. v. EDWARD HINES LUMBER CO.

No. 2-91-1095.

599 N.E.2d 458 (1992)

233 Ill. App.3d 574

174 Ill.Dec. 674

CHARTER BANK AND TRUST OF ILLINOIS, Plaintiff, v. EDWARD HINES LUMBER COMPANY, Defendant-Appellee (Joseph M. Giampa et al., Plaintiffs-Appellants; Mark Sisson et al., Defendants).

Appellate Court of Illinois, Second District.

Rehearing Denied October 7, 1992.

Attorney(s) appearing for the Case

Andrew B. Spiegel, Wheaton, for Charter Bank & Trust Co., Joseph M. Giampa, and Robert Wolcott.

Daugherty & Addison, Itasca, John W. Demling, Thomas A. Eckhardt, Demling & Eckhardt, Glen Ellyn, for Mark Sisson, Edward Hines Lumber.

Justice McLAREN delivered the opinion of the court:

Plaintiffs Joseph Giampa and Robert Walcott (plaintiffs) appeal the judgment of the circuit court of Du Page County for foreclosure of a mechanic's lien in the amount of $25,791.90 in favor of defendant Edward Hines Lumber Company (Hines). Plaintiffs contend that (1) Hines forfeited its mechanic's lien by failing to comply with section 34 of the Mechanics Lien Act (Act) (Ill.Rev.Stat.1989, ch. 82, par. 34); (2) Hines...

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