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HORTON INDUSTRIAL, INC. v. VILLAGE OF MOWEAQUA

No. 5-83-0845.

142 Ill. App.3d 730 (1986)

492 N.E.2d 220

HORTON INDUSTRIAL, INC., Plaintiff-Appellee, v. THE VILLAGE OF MOWEAQUA, Defendant and Counterplaintiff-Appellant (The Environmental Protection Agency, Intervening Defendant and Counterplaintiff-Appellant).

Appellate Court of Illinois — Fifth District.

Opinion filed April 21, 1986.

Attorney(s) appearing for the Case

Neil F. Hartigan, Attorney General, of Springfield (Jill Wine-Banks, Solicitor General, and Greig R. Siedor, Assistant Attorney General, both of Chicago, of counsel), for appellant Illinois Environmental Protection Agency.

James Gollings, of Gollings & Gollings, of Decatur, for appellant Village of Moweaqua.

Dailey & Walker, of Granite City, for appellee.

Judgment affirmed.

PRESIDING JUSTICE KASSERMAN delivered the opinion of the court:

Defendants, village of Moweaqua and the Illinois Environmental Protection Agency (IEPA), an intervening defendant, have perfected this appeal from a judgment entered in the circuit court of Shelby County in a jury trial in which defendant village was found to have committed a breach of its sewer construction contract with plaintiff, Horton Industrial, Inc. The facts are as follows...

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