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PEOPLE EX REL. RESNIK v. CURTIS & DAVIS

No. 13890.

58 Ill. App.3d 28 (1978)

373 N.E.2d 772

THE PEOPLE ex rel. FRANK RESNIK, Director of the State Department of General Services, Plaintiff-Appellant, v. CURTIS and DAVIS, ARCHITECTS and PLANNERS, INC., et al., Defendants-Appellees.

Appellate Court of Illinois — Fourth District.

Rehearing denied April 4, 1978.

Attorney(s) appearing for the Case

William J. Scott, Attorney General, of Chicago (George H. Klumpner, Assistant Attorney General, of counsel), for appellant.

McConnell, Kennedy, Quinn & Morris, of Peoria (Richard E. Quinn and Gery R. Gasick, of counsel), for appellee Curtis and Davis, Architects and Planners, Inc.

Heyl, Royster, Voelker & Allen, of Springfield (Gary Peplow, of counsel), for appellee Sachs Electric Co.

Reversed and remanded.

Mr. JUSTICE SLATER delivered the opinion of the court:

The State sued several architects and contractors for breach of contract. The trial court dismissed the amended complaint for two reasons: First, the State was not the proper party plaintiff; second, the defendant, Curtis & Davis, Architects and Planners, Inc. (C&D Inc.), was not a party to the contract.

Plaintiff appeals from that order dismissing its claims against...

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