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MAYER PAVING & ASPHALT v. C.A. MORSE, INC.

Nos. 76-96, 76-473 cons.

48 Ill. App.3d 73 (1977)

365 N.E.2d 360

MAYER PAVING AND ASPHALT COMPANY, Plaintiff-Appellee, v. CARL A. MORSE, INC., OF ILLINOIS et al., Defendants-Appellants.

Appellate Court of Illinois — First District (3rd Division).

Opinion filed March 30, 1977.

Attorney(s) appearing for the Case

Michael S. Shaw, of Chicago, for appellants.

Richard M. Kates and Sidney C. Kleinman, Ltd., both of Chicago, for appellee.

Motion denied; judgments affirmed.

Mr. JUSTICE MEJDA delivered the opinion of the court:

Plaintiff, Mayer Paving and Asphalt Company (Mayer), brought suit against defendants, Carl A. Morse, Inc., of Illinois through its division Diesel Construction Company (Diesel), and Jupiter McClurg, Inc. (Jupiter), as well as against other parties which have been dismissed. The complaint alleged that certain amounts were due for extra work performed in connection with...

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