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NORTHERN ILL. GAS v. V. DiVITO CONST.

No. 2-90-1050.

573 N.E.2d 243 (1991)

214 Ill. App.3d 203

157 Ill.Dec. 825

NORTHERN ILLINOIS GAS COMPANY, Plaintiff-Appellant and Counter-defendant-Appellee, v. VINCENT DiVITO CONSTRUCTION et al., Defendants-Appellees and Counterplaintiffs-Appellants.

Appellate Court of Illinois, Second District.

May 24, 1991.

Attorney(s) appearing for the Case

W.H. Major, Jr., Associates, W.H. Major, Jr., Major, Fennell & Associates, Ltd., Laurence Leszcynski, Wheaton, for Northern Illinois Gas Co.

Mirabella & Kincaid, John B. Kincaid, Wheaton, for Vincent Divito.

Justice INGLIS delivered the opinion of the court:

Plaintiff, Northern Illinois Gas Company (Northern Illinois), filed a six-count complaint against defendants, Vincent DiVito Construction and Vincent DiVito individually, alleging negligence and trespass arising out of three separate incidents in which DiVito damaged Northern Illinois' service lines. DiVito filed a counterclaim against Northern Illinois, alleging that,...

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