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S.J. GROVES & SONS CO. v. STATE OF ILLINOIS

No. 81-349.

103 Ill. App.3d 538 (1982)

431 N.E.2d 716

S.J. GROVES & SONS COMPANY, Plaintiff-Appellant, v. THE STATE OF ILLINOIS, Defendant-Appellee.

Appellate Court of Illinois — Third District.

Opinion filed January 28, 1982.

Attorney(s) appearing for the Case

Theodore T. Davis and Thomas C. Clark, both of S.J. Groves & Sons Company, of Minneapolis, Minnesota, for appellant.

Tyrone C. Fahner, Attorney General, of Chicago (Patricia Rosen, Assistant Attorney General, of counsel), for appellee.

Reversed and remanded.

JUSTICE HEIPLE delivered the opinion of the court:

Plaintiff Groves, a road contractor, brought suit against the State of Illinois in the circuit court of Peoria County for breach of contract. The State moved to dismiss on the grounds of sovereign immunity, claiming that Groves' sole recourse is in the State Court of Claims. The trial judge granted the State's motion and dismissed the complaint. This appeal resulted. We reverse.

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