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PEOPLE EX REL. HARTIGAN v. E & E HAULING, INC.

Nos. 1-89-1763, 1-89-2792 and 1-90-0173.

577 N.E.2d 1262 (1991)

218 Ill. App.3d 28

160 Ill.Dec. 691

The PEOPLE of the State of Illinois, ex rel. Neil F. HARTIGAN, Attorney General of Illinois and the Illinois Department of Transportation, Plaintiffs-Appellants, v. E & E HAULING, INC.; American Environmental Construction Company; Edward F. Heil, individually and as President and a Director of E & E and as a Director of American Environmental; George R. Schiewe, individually and as an agent of E & E; Leininger-Mid-States Paving Co., Inc., Peter A. Palumbo, individually and as an agent of Leininger; Richard Zawacki, individually and as an agent of Leininger; Joseph L. Palumbo, individually and as President and a Director of Leininger; Dan L. Tessarolo, individually and as an agent of Leininger, Coke Contracting Company, Inc.; Sam Alberto, individually and as President of Coke Contracting; Tom Alberto, individually and as a former agent of Coke Contracting; T.C. Schreiner, individually and as Vice-President of Nu-Way Contracting Corporation; Lo-Mar Contracting Corporation; Ruben Melesio, individually and as President of Lo-Mar, Highway Safety Corporation, and Hi-Gate Erectors, Inc.; James R. Nugent, individually and as an agent of Lo-Mar and as a former Vice-President of Robert R. Anderson Company Lois A. Nugent, individually and as an officer of Lo-Mar; Betty Kitterman, individually and as an agent of Lo-Mar; Hi-Gate Erectors, Inc.; Gateway Construction Company, Inc.; George N. Weiland, Jr. individually and as an officer of Hi-Gate Erectors, Inc. and Gateway Construction Company, Inc.; and Highway Safety Corporation, Defendants-Appellees.

Appellate Court of Illinois, First District, Third Division.

July 24, 1991.

Attorney(s) appearing for the Case

Neil F. Hartigan, Atty. Gen. (Rosalyn B. Kaplan, of counsel), Chicago, for plaintiffs-appellants.

Daniel S. Mathless, Chicago, for defendants-appellees Hi-Gate Erectors, Inc., Highway Safety Corp., Lo-Mar Contracti Corp., Ruben Melesio and Betty Kitterman.

Jenner & Block (Thomas W. McNamara, Thomas K. McQueen, Norman M. Hirsch and Robert P. Zapinski, of counsel), Chicago, for defendants-appellees E & E Hauling, American Environmental Const. Co., Edward F. Heil, George R. Schiewe, James R. Nugent and Lois Nugent.

McNeela & Griffin (Gary L. Griffin, of counsel), Chicago, for defendants-appellees Peter A. Palumbo, Joseph L. Palumbo, Richard Zawacki, Dan L. Tessarolo and Leininger-Mid-States Paving.

Hopkins & Sutter (William J. McKenna, Jr. and David B. Goroff, of counsel), for defendants-appellees Gateway Const. Co. and George F. Weiland, Jr.

Gomberg & Sharfman, Ltd. (Ray Ostler, of counsel), Chicago, for defendant-appellee Tom Alberto.

Justice WHITE delivered the opinion of the court:

This case involves three appeals from orders of the circuit court dismissing plaintiffs' 21 count complaint and denying leave to file an amended complaint. Plaintiffs are the Illinois Attorney General and the Illinois Department of Transportation ("IDOT"). They argue that the trial court's orders were erroneous and constituted an abuse of discretion.

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