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STATE EX REL. CHEMCO v. EMPLOYERS MUT. CAS.

No. 4-98-0435.

708 N.E.2d 1224 (1999)

303 Ill. App.3d 898

237 Ill.Dec. 184

The STATE of Illinois for the use and benefit of CHEMCO INDUSTRIES, INC., and Chemco Industries, Inc., a California Corporation, Plaintiffs-Appellants, v. EMPLOYERS MUTUAL CASUALTY COMPANY, a foreign corporation; Kirk Brown, Secretary, Department of Transportation; Stephen B. Schnorf, Director, Department of Central Management Services; Frank Selvaggio, Department of Central Management Services; A. Thomas Muraro, Chief, Bureau of Claims, Department of Transportation; and Ted Curtis, Manager, Procurement Services Division, Department of Transportation, Defendants-Appellees.

Appellate Court of Illinois, Fourth District.

Decided March 24, 1999.

Attorney(s) appearing for the Case

Herman G. Bodewes, Stephan J. Roth (argued), Giffin, Winning, Coehen & Bodewes, P.C., Springfield, for Chemco Industries, Inc.

James E. Ryan, Attorney General, Barbara A. Preiner, Solicitor General, Michael P. Doyle, Assistant Attorney General (argued), Chicago, for Kirk Brown, Secretary, IDOT, et al.

Robert T. O'Donnell, Rebecca S. Larson (argued), Eiden, Eckert & O'Donnell, Ltd., Vernon Hills, Stanley N. Wasser, Feldman, Wasser, Draper & Benson, Springfield, for Employers Mutual Casualty Company.

Justice McCULLOUGH delivered the opinion of the court:

Plaintiffs, State of Illinois for the use and benefit of Chemco Industries, Inc., and Chemco Industries, Inc. (Chemco), appeal from a summary judgment entered in the circuit court of Sangamon County in favor of defendants, Employers Mutual Casualty Company (Employers Mutual); Kirk Brown, Secretary of the Illinois Department of Transportation (IDOT); Stephen B. Schnorf, Director of the Illinois Department of Central...

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