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DECATUR CONST., INC. v. CENTRAL ILL. PUB. SER.

No. 12191.

16 Ill. App.3d 1056 (1974)

307 N.E.2d 431

DECATUR CONSTRUCTION, INC., Plaintiff-Appellant, v. CENTRAL ILLINOIS PUBLIC SERVICE COMPANY, Defendant-Appellee.

Appellate Court of Illinois — Fourth District.

February 14, 1974.

Attorney(s) appearing for the Case

Monroe, Wilson, Dyar, Houchen, McDonald & Taylor, of Decatur (Kirtley E. Wilson, of counsel), for appellant.

Kenneth H. Otten, of Nafziger & Otten, of Springfield, for appellee.

Reversed and remanded.

Mr. PRESIDING JUSTICE CRAVEN delivered the opinion of the court:

Plaintiff, Decatur Construction, Inc., brought suit against defendant, Central Illinois Public Service Company, to recover the cost of labor and materials for grading and fill work. Defendant's motion for summary judgment was granted. The plaintiff appeals. The only issue on appeal is whether the trial court properly granted...

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