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AEH CONSTR., INC. v. STATE, DEPT. OF LABOR

No. 3-99-0941.

743 N.E.2d 1102 (2001)

318 Ill.App.3d 1158

252 Ill.Dec. 946

AEH CONSTRUCTION, INC., a corporation, Plaintiff-Appellee, v. STATE of Illinois, Illinois, DEPARTMENT OF LABOR, Defendant-Appellant.

Appellate Court of Illinois, Third District.

February 8, 2001.

Attorney(s) appearing for the Case

James Ryan, Attorney General, Jerald S. Post, Assistant Attorney General (argued), Joel D. Bertocchi, Solicitor General, Chicago, for Illinois Department of Labor.

Jack P. Ball (argued), Pepmeyer, Pepmeyer & Ball, P.C., Galesburg, for AEH Construction, Inc.

Justice LYTTON delivered the opinion of the court:

Plaintiff, AEH Construction, Inc. (AEH), filed suit for declaratory judgment against the Illinois Department of Labor (Department) seeking a declaration that it was not in violation of the Illinois Prevailing Wage Act (Act). 820 ILCS 130/6, 130/11a (West 1998). The Department filed a motion to dismiss on the grounds that the complaint was premature. AEH filed a motion for summary judgment, asserting that the Prevailing...

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