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KENNY CONST. CO. v. METROPOLITAN SAN. DIST.

No. 43684.

52 Ill.2d 187 (1971)

288 N.E.2d 1

KENNY CONSTRUCTION COMPANY OF ILLINOIS, Appellant, v. THE METROPOLITAN SANITARY DISTRICT OF GREATER CHICAGO, Appellee.

Supreme Court of Illinois.

Modified upon denial of rehearing October 2, 1972.

Attorney(s) appearing for the Case

O'BRIEN, BOYLE, HAUGH and TRITTIPO, and O'KEEFE, O'BRIEN, HANSON, ASHENDEN and LYONS, both of Chicago (DONALD V. O'BRIEN and JAMES A. O'BRIEN, of counsel), for appellant.

ALLEN S. LAVIN, SIDNEY B. BAKER, and JAMES W. KENNEDY, all of Chicago (RALPH L. BRILL, and FRED F. HERZOG, of counsel), for appellee.

Reversed and remanded.

MR. JUSTICE WARD delivered the opinion of the court:

The plaintiff, Kenny Construction Company, brought an action against the defendant, the Metropolitan Sanitary District of Greater Chicago, in a dispute arising under a construction contract. A jury was waived and the circuit court of Cook County found in favor of Kenny and entered judgment for $131,237.71. The District appealed to the Appellate Court, First District, on the issue of...

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