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STATE TOLL HIGHWAY COMM. v. BOYLE & CO.

Gen. No. 48,530.

38 Ill. App.2d 38 (1962)

186 N.E.2d 390

The Illinois State Toll Highway Commission, ex rel. Patten Tractor & Equipment Co., Plaintiff-Appellant, v. M.J. Boyle & Company and Ryan Construction Co., Inc., W.M. Wyant Co., Inc., The Fidelity and Casualty Company of New York, and Fidelity and Deposit Company of Maryland, Defendants-Appellees.

Appellate Court of Illinois — First District, Third Division.

October 24, 1962.

Attorney(s) appearing for the Case

Howard O. Wolfe, Joseph W. Bonner, Lane, Gross, Carmen & Dee, of Chicago (Fred E. Lane and Norman M. Sevin, of counsel), for appellant.

Healy, Newby, Barrett & Healy, of Chicago, for appellees.

MR. JUSTICE McCORMICK delivered the opinion of the court.

The Circuit Court of Cook County sustained defendants' motions to dismiss the second amended complaint filed by the plaintiff and dismissed the suit. From that order this appeal is taken.

From the record it appears in substance that two corporations, M.J. Boyle & Company and Ryan Construction Co., Inc. (hereinafter referred to as "Boyle" and "Ryan"), entered into a contract with the Illinois State...

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