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PEOPLE EX REL. DEP'T OF TRANS. v. MOLTER

No. 84-927.

133 Ill. App.3d 164 (1985)

478 N.E.2d 1102

THE PEOPLE ex rel. DEPARTMENT OF TRANSPORTATION, Plaintiff-Appellant, v. ROY MOLTER et al., Defendants (Peterbilt Truck, Defendant-Appellee).

Appellate Court of Illinois — First District (4th Division).

Opinion filed May 9, 1985.

Attorney(s) appearing for the Case

Neil F. Hartigan, Attorney General, of Springfield (Kathryn A. Spalding, Assistant Attorney General, of Chicago, of counsel), for appellant.

Jon F. Schmoll, of Merrillville, and Mark Hellmann, of Chicago, for appellee.

Reversed and remanded.

JUSTICE LINN delivered the opinion of the court:

On June 28, 1983, plaintiff, People of the State of Illinois ex rel. Department of Transportation, brought an action against defendant, Peterbilt Truck, a corporation, to recover money damages for expenditures it incurred or projected it would incur in repairing a light pole and four sections of guardrail owned and maintained by the State of Illinois on Interstate 94K. The damage...

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