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ILL. STATE TOLL HWY. AUTH. v. GUST K. NEWBERG

No. 2-88-0221.

177 Ill. App.3d 6 (1988)

531 N.E.2d 982

THE ILLINOIS STATE TOLL HIGHWAY AUTHORITY, Plaintiff-Appellant and Cross-Appellee, v. GUST K. NEWBERG, INC., et al., Defendants-Appellees and Cross-Appellants.

Appellate Court of Illinois — Second District.

Rehearing denied January 10, 1989.

Attorney(s) appearing for the Case

Neil F. Hartigan, Attorney General, of Springfield, and Richard E. Friedman and Roland A. Eckert, both of Epton, Mullin & Druth, Ltd., of Chicago (Robert T. O'Donnell, of counsel), for appellant.

Louis A. Lehr, Jr., of Arnstein, Gluck, Lehr, Barron & Milligan, and Carey, Filter, White & Boland, both of Chicago (Edward M. White, of counsel), for appellees.

Reversed and remanded.

JUSTICE NASH delivered the opinion of the court:

Plaintiff, the Illinois State Toll Highway Authority (Authority), appeals from a summary judgment entered in favor of defendants, Gust K. Newberg, Inc. (Newberg), The Travelers Indemnity Co., and Fidelity & Deposit Company of Maryland, in an action in which the Authority sought liquidated damages for Newberg's alleged delay in performing a construction contract. The trial court found...

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