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JOHNSTON v. TRI-CITY BLACKTOP, INC.

No. 3-90-0756.

577 N.E.2d 529 (1991)

217 Ill. App.3d 388

160 Ill.Dec. 399

Roy M. JOHNSTON, Plaintiff-Appellant, v. TRI-CITY BLACKTOP, INC., and Ken Curry Construction, Inc., Defendants-Appellees (Tim W. Downing, d/b/a Tim W. Downing, Architect, AIA, Defendant).

Appellate Court of Illinois, Third District.

August 14, 1991.

Attorney(s) appearing for the Case

Robert P. Swanson (argued), Moline, Alan G. Blackwood, Blackwood, Nowinski, Huntoon & Swanson, P.C., Moline, for Roy M. Johnston.

Ralph W. Heninger, Heninger & Heninger, Davenport, for Tri-City Blacktop, Inc.

Robert T. Park (argued), Katz, McAndrews, Balch, Lefstein & Feiweger, Rock Island, for Ken Curry Const., Inc.

Richard M. Batcher, Bozeman, Neighbour, Patton & Noe, Moline, for Tim W. Downing.

Justice McCUSKEY delivered the opinion of the court:

The plaintiff, Roy M. Johnston, appeals the Rock Island circuit court's orders granting summary judgment as to counts I, III and V, and dismissing count IV of plaintiff's complaint. We affirm.

Plaintiff owns the Kennedy Square Shopping Center in East Moline which was built in 1978. Defendant Ken Curry Construction, Inc. (Curry) was the general contractor of the entire project, including the construction...

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