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NORTHERN ILLINOIS GAS v. R.W. DUNTEMAN CO.

No. 2-98-0149.

704 N.E.2d 960 (1998)

301 Ill. App.3d 689

235 Ill.Dec. 387

NORTHERN ILLINOIS GAS COMPANY, Plaintiff-Appellee, v. R.W. DUNTEMAN COMPANY, Defendant-Appellant.

Appellate Court of Illinois, Second District.

December 30, 1998.

Attorney(s) appearing for the Case

Joseph P. Buell, Chicago, for R.W. Dunteman Company.

Patricia M. Fennell, Niew & Associates, P.C., Oak Brook, for Northern Illinois Gas Company.

Justice HUTCHINSON delivered the opinion of the court:

Defendant, R.W. Dunteman Company, appeals the trial court's order granting summary judgment in favor of plaintiff, Northern Illinois Gas Company. The issue on appeal is whether the trial court correctly construed the requirements of section 10 of the Illinois Underground Utility Facilities Damage Prevention Act (the Act) (220 ILCS 50/1 et seq. (West 1996)) and held that plaintiff's actions, by providing...

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