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BROOKS v. DEAN BERENZ ASPHALT CO., INC.

Gen. No. 10,804.

83 Ill. App.2d 258 (1967)

227 N.E.2d 100

Allen Brooks, Plaintiff-Appellant, v. Dean Berenz Asphalt Company, Inc., a Corporation, Defendant-Appellee.

Appellate Court of Illinois — Fourth District.

June 1, 1967.

Attorney(s) appearing for the Case

Thomson, Thomson & Mirza, of Bloomington (W. Loren Thomson, of counsel), for appellant.

Livingston, Barger, Brandt, Slater and Schroeder, of Bloomington (James T. Foley, of counsel), for appellee.

CRAVEN, P.J.

Plaintiff appeals from the allowance of a motion for summary judgment in favor of the defendant. The defendant is a paving contractor and was charged with negligence in creating and maintaining a deep and dangerous excavation at an intersection of a street which the defendant was in the process of repaving. Defendant's contract was with the State of Illinois, Division of Highways.

The wrongful conduct alleged by plaintiff consisted in defendant...

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