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KENNY CONST. CO. v. METRO. SAN. DIST.

No. 46043.

56 Ill.2d 516 (1974)

309 N.E.2d 221

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

Supreme Court of Illinois.

Opinion filed March 20, 1974.

Attorney(s) appearing for the Case

Allen S. Lavin, of Chicago (Sidney B. Baker and James B. Murray, of counsel), for appellant.

O'Brien & Trittipo, Ltd. and O'Keefe, Ashenden, O'Brien & Hanson, both of Chicago (Donald V. O'Brien and James H. O'Brien, of counsel), for appellee.

Affirmed in part; reversed in part and remanded.

MR. CHIEF JUSTICE UNDERWOOD delivered the opinion of the court:

This cause, which involves a dispute between plaintiff, Kenny Construction Company, and the defendant, Metropolitan Sanitary District of Greater Chicago, over the amount due Kenny under a contract for construction of a sewer is before this court for the second time on appeal. In the original trial in the...

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