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PEPPER CONST. v. TRANSCONTINENTAL INS.

No. 1-95-2973.

673 N.E.2d 1128 (1996)

285 Ill. App.3d 573

220 Ill.Dec. 707

PEPPER CONSTRUCTION COMPANY, Plaintiff and Counterdefendant-Appellee and Cross-Appellant, v. TRANSCONTINENTAL INSURANCE COMPANY, Defendant and Counterplaintiff-Appellant and Cross-Appellee (Edward R. Quinlan, Defendant and Counterdefendant; CNA Insurance Companies, and Climatemp, Inc., Defendants).

Appellate Court of Illinois, First District, Fourth Division.

November 27, 1996.

Attorney(s) appearing for the Case

John D. Kuhn of Fedota & Rocca, Chicago, for Appellant.

Cassiday, Schade & Gloor, Chicago (Jennifer A. Keller and Donald F. Ivansek, of counsel), for Appellee.

Justice CAHILL delivered the opinion of the court:

Transcontinental Insurance Company appeals a trial court grant of summary judgment for Pepper Construction Company in a declaratory judgment action. Pepper cross-appeals the court's denial of attorney fees. We reverse and remand the grant of summary judgment, finding a triable issue of fact. We affirm the denial of attorney fees.

Pepper was the general contractor for a construction project in Chicago. Pepper...

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