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IDOT EX REL. MOLINE CONS. v. AM. INS. CO.

No. 3-89-0390.

199 Ill. App.3d 1068 (1990)

557 N.E.2d 932

THE DEPARTMENT OF TRANSPORTATION ex rel. MOLINE CONSUMERS COMPANY, Plaintiff-Appellant and Cross-Appellee, v. AMERICAN INSURANCE COMPANY, Defendant-Appellee and Cross-Appellant.

Appellate Court of Illinois — Third District.

Opinion filed July 6, 1990.

Attorney(s) appearing for the Case

Joseph F. Fackel, of Van Hooreweghe, Fackel & Thuline, of Moline, and Linn C. Goldsmith, of Boyle, Goldsmith, Shore & Bolin, of Hennepin (Walter Durley Boyle, of counsel), for appellant.

Mohan, Alewelt, Prillaman & Adami, of Springfield (Paul E. Adami, of counsel), for appellee.

Affirmed in part, and reversed in part and remanded.

JUSTICE SCOTT delivered the opinion of the court:

Plaintiff, Moline Consumers Company, is a partially unpaid ($51,678.24) supplier of a subcontractor on a public project. Defendant, the American Insurance Company, is the surety upon the performance and payment bond. After a bench trial, judgment was entered for plaintiff in the amount of $16,024.62, without interest. The trial judge disallowed $35,653.62...

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