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FOLLOWELL v. CENTRAL ILL. PUB. SERV. CO.

No. 5-95-0280.

663 N.E.2d 1122 (1996)

278 Ill. App.3d 1103

215 Ill.Dec. 608

Ben FOLLOWELL, d/b/a Followell Construction Company, Plaintiff-Appellant, v. CENTRAL ILLINOIS PUBLIC SERVICE COMPANY, Defendant-Appellee.

Appellate Court of Illinois, Fifth District.

April 9, 1996.

Attorney(s) appearing for the Case

Thomas F. Crosby, Winters, Brewster, Crosby & Patchett, Marion, for appellant.

Gary B. Nelson, Feirich/Mager/Green/Ryan, Carbondale, for appellee.

Justice MAAG delivered the opinion of the court:

The plaintiff appeals from a Franklin County circuit court's entry of summary judgment in favor of the defendant, Central Illinois Public Service Company. The plaintiff contends that the trial court improperly construed section 9 of the Illinois Underground Utility Facilities Damage Prevention Act (220 ILCS 50/9 (West 1994)) to bar its claim.

On July 15, 1990, the plaintiff began working under a contract with...

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