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DENTON ENTERPRISES, INC. v. STATE TOLL HWY. AUTH.

No. 79-229.

77 Ill. App.3d 495 (1979)

396 N.E.2d 34

DENTON ENTERPRISES, INC., et al., Plaintiffs-Appellants, v. THE ILLINOIS STATE TOLL HIGHWAY AUTHORITY, Defendant-Appellee.

Appellate Court of Illinois — First District (1st Division).

Opinion filed October 1, 1979.

Attorney(s) appearing for the Case

Coffield, Ungaretti, Harris & Slavin, of Chicago, and Butzel, Long, Gust, Klein & Van Zile, of Detroit, Michigan (Michael W. Coffield, Edward F. Novak, Kevin M. Flynn, and Leslie W. Fleming, of counsel), for appellants.

William J. Scott, Attorney General of Oak Brook (Richard E. Freidman and Randall E. Server, Special Assistant Attorneys General, of counsel), for appellee.

Judgment affirmed.

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

Denton Enterprises, Inc., and Holloway Construction Company (plaintiffs) filed an action against the Illinois State Toll Highway Authority (Authority) claiming additional contract charges and damages arising out of a construction project on the East-West Tollway. The trial court dismissed counts I through XIII and XV through XXVI on the ground that plaintiffs had waived any...

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