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DIMUCCI HOME BLDRS, INC. v. METROPOLITAN LIFE INS. CO.

No. 1-98-4265.

728 N.E.2d 749 (2000)

312 Ill. App.3d 779

245 Ill.Dec. 667

DIMUCCI HOME BUILDERS, INC., Plaintiff-Counterdefendant/Cross-Appellee, v. METROPOLITAN LIFE INSURANCE COMPANY and EQR-Bourbon Square Vistas, Inc., Defendants-Counterplaintiffs/Cross-Appellants.

Appellate Court of Illinois, First District, Sixth Division.

Rehearing Denied May 1, 2000.

Attorney(s) appearing for the Case

Sperling, Slater & Spitz, P.C., Chicago (Paul E. Slater, Robert D. Cheifetz, of counsel), for Appellant.

Katten, Muchen, and Zavis, Chicago (Timothy J. Patenode, Thomas J. Meier, of counsel), for Appellee.

Justice SHEILA M. O'BRIEN delivered the opinion of the court:

Plaintiff, Dimucci Home Builders, Inc., brought suit against defendants, Metropolitan Life Insurance Company (Metropolitan) and EQR-Bourbon Square Vistas, Inc. (EQR), to recover unpaid fees for use of a sewer line servicing certain property (Bourbon Square). Defendants filed an amended counterclaim seeking a declaration that EQR, the owner of the Bourbon Square...

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