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MULLIGAN MASONRY CO., INC. v. MARTIN

No. 2-94-0564.

643 N.E.2d 240 (1994)

267 Ill. App.3d 772

205 Ill.Dec. 289

MULLIGAN MASONRY COMPANY, INC., Plaintiff-Appellee, v. Ryan MARTIN, et al., Defendants (The Department of Labor, Defendant-Appellant).

Appellate Court of Illinois, Second District.

November 21, 1994.

Attorney(s) appearing for the Case

George P. Lynch (on brief), George Patrick Lynch, Ltd., Downers Grove, M. Jacqueline Walther (on brief), Kielian & Walther, Chicago, for defendant-appellant.

James E. Ryan, DuPage County State's Atty., Wheaton, William L. Browers, Deputy Director, Lisa A. Hoffman, State's Atty. Appellate Prosecutors, Elgin, for plaintiff-appellee.

Presiding Justice INGLIS delivered the opinion of the court:

Defendant, the Department of Labor (the Department), appeals the order of the circuit court of Kane County granting summary judgment in favor of plaintiff, Mulligan Masonry Company, Inc., in an action for a declaratory judgment. This is a case of first impression. We affirm.

Defendant, East Aurora School District 131 (the school district), retained plaintiff to provide masonry work for the construction...

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