Kishwaukee Community Health Services Center v. Hospital Building & Equipment Co.

MEMORANDUM OPINION

GRADY, District Judge.

This construction dispute is before us on the defendants’ motion to dismiss Count III of plaintiff’s three-count complaint based on the doctrine first announced in Moorman Manufacturing Co. v. National Tank Co., 91 Ill.2d 69, 61 Ill.Dec. 746, 435 N.E.2d 443 (1982). Defendants have also moved for partial summary judgment based on the statute of limitations. For the reasons given below, judgment on the pleadings is granted in defendants’ favor as to Count III; their motion for summary judgment is denied; and summary judgment is granted to plaintiff on the…