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RIEMER BROS., INC. v. MARLIS CONSTR. CO.

No. 77-152.

64 Ill. App.3d 80 (1978)

380 N.E.2d 1160

RIEMER BROS., INC., Plaintiff-Appellee, v. MARLIS CONSTRUCTION CO., Defendant-Appellant.

Appellate Court of Illinois — Second District.

Opinion filed September 14, 1978.

Attorney(s) appearing for the Case

Ray W. Fick, Jr., and P. Jane Rutherford, both of Herrick, McNeill, McElroy & Peregrine, of Chicago, for appellant.

David A. Decker, of May, Decker & Assoc., of Waukegan, for appellee.

Judgment reversed.

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

This is the second appeal based upon the meaning of the language in an earth moving contract:

"Import, grade and compact clay fill $2.75 cu yd."

In the original suit filed by the fill contractor the trial court in a bench trial awarded Riemer Bros. $20,809.24 as the balance due, a judgment which we reversed on appeal and remanded for a new trial. (Riemer...

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