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NEWBERG-KRUG-BRIGHTON v. STATE TOLL HWY.

No. 77-326.

63 Ill. App.3d 780 (1978)

380 N.E.2d 1029

NEWBERG-KRUG-BRIGHTON, Plaintiff-Appellant, v. THE ILLINOIS STATE TOLL HIGHWAY AUTHORITY, Defendant-Appellee.

Appellate Court of Illinois — Second District.

Rehearing denied October 11, 1978.

Attorney(s) appearing for the Case

Edward M. White, of Carey, Filter & White, of Chicago, and Harry Brostoff, of Oak Brook, for appellant.

William J. Scott, Attorney General, of Oak Brook (Tanya Dietrich and John R. Lavery, Assistant Attorneys General, of counsel), for appellee.

Reversed and remanded.

Mr. JUSTICE NASH delivered the opinion of the court:

Newberg-Krug-Brighton (hereinafter referred to as Newberg), a joint venture consisting of three corporations, filed a two-count complaint against the Illinois State Toll Highway Authority (the Authority) for damages arising from an alleged breach of contract in connection with the construction of portions of the East-West Tollway extension. After the underlying action for breach of...

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