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MBA ENTERPRISES v. NORTHERN ILLINOIS GAS

No. 3-98-0305.

717 N.E.2d 849 (1999)

307 Ill. App.3d 285

240 Ill.Dec. 500

MBA ENTERPRISES, INC., d/b/a Ramada Inn, and Northern Insurance Company of New York, Plaintiffs-Appellants, v. NORTHERN ILLINOIS GAS COMPANY, Defendant-Appellee.

Appellate Court of Illinois, Third District.

August 31, 1999.

Attorney(s) appearing for the Case

Christopher W. Bohlen, Barmann, Kramer & Bohlen, P.C., Kankakee, John F. Brown, Jr. (argued), Paul R. Bartolacci, Cozen and O'Connor, Philadelphia, PA, for MBA Enterprises, Inc., Northern Insurance Company of New York.

George J. Tzanetopolous (argued), Robert M. Dow, Jr., Mayer, Brown & Platt, Chicago, for Northern Illinois Gas.

Justice BRESLIN delivered the opinion of the court:

Plaintiffs MBA Enterprises (MBA), d/b/a the Ramada Inn, and Northern Insurance Company filed suit against Northern Illinois Gas Company (NI Gas) to recover property damages in excess of $2 million caused by a gas explosion and fire at the Ramada Inn in Bradley, Illinois. The trial court granted NI Gas's motion for summary judgment based on the construction statute of repose of the Code of Civil Procedure (Code) ...

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