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BI-PETRO REF. CO., INC. v. HARTNESS PAINT., INC.

No. 4-83-0434.

120 Ill. App.3d 556 (1983)

458 N.E.2d 209

BI-PETRO REFINING COMPANY, INC., Plaintiff-Appellant, v. HARTNESS PAINTING, INC., Defendant-Appellee.

Appellate Court of Illinois — Fourth District.

Opinion filed December 29, 1983.

Attorney(s) appearing for the Case

Phelan, Pope & John, Ltd., of Chicago (Michael A. Pope and Mary Patricia Benz, of counsel), for appellant.

Robert D. Winters and Donald E. Brilley, both of Armstrong, Winters, Prince, Featherstun & Johnson, of Decatur, for appellee.

Reversed and remanded.

JUSTICE GREEN delivered the opinion of the court:

Plaintiff brought a two-count complaint, later amended, in the circuit court of Macon County. The first amended count sought recovery in contract and the second amended count sought recovery in tort. The first amended count was dismissed with leave granted to file a further amended count. The second amended count was dismissed with prejudice on the grounds that plaintiff was seeking recovery...

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