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EIBEN v. E.J. CATTANI & SONS, INC.

Nos. 3-90-0686, 3-91-0094.

577 N.E.2d 882 (1991)

217 Ill. App.3d 609

160 Ill.Dec. 557

Charles EIBEN and Karen Eiben, Plaintiffs-Appellants, v. E.J. CATTANI & SONS, INC., an Illinois Corporation, and Bureau County, Defendants-Appellees (David Sullivan, Bureau County Superintendent of Highways, Defendants).

Appellate Court of Illinois, Third District.

August 23, 1991.

Attorney(s) appearing for the Case

Mark A. Schindler (argued), Peter F. Ferracuti, Law Offices of Peter F. Ferracuti, P.C., Ottawa, for Charles and Karen Eiben.

Bradley W. Dunham, Karen C. Eiten, Quinn, Johnston, Henderson & Preterms, Chartered, Peoria, for E.J. Cattani & Sons, Inc.

T. Donald Henson, Herbolsheimer, Lannon, Henson, Duncan & Reagan PC., LaSalle, Karen C. Eiten Herbolsheimer, Lannon, Henson, Duncan & Reagan, Ottawa, for Bureau County.

Marc Bernabei, State's Atty., Princeton, for David Sullivan.

Justice GORMAN delivered the opinion of the court:

Plaintiffs appeal from two separate orders entered by the circuit court in regard to their personal injury action. In appeal 3-90-0686, plaintiffs Charles and Karen Eiben appeal from dismissal of the second count of their second amended complaint. That count was directed against defendant Bureau County and was dismissed on the basis that the county was immune from the liability...

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