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TIRES 'N TRACKS v. DOMINIC FIORDIROSA CONSTRUCTION CO.

No. 2-01-0707.

771 N.E.2d 612 (2002)

331 Ill. App.3d 87

264 Ill.Dec. 908

TIRES 'N TRACKS, INC., Plaintiff and Counter-defendant-Appellee, v. DOMINIC FIORDIROSA CONSTRUCTION COMPANY, INC., Defendant and Counter-plaintiff-Appellant (The City of Wheaton, Defendant).

Appellate Court of Illinois, Second District.

June 11, 2002.

Attorney(s) appearing for the Case

John J. Foley, Daniel J. Schairbaum, Maurides & Foley, L.L.C., Chicago, for Dominic Fiordirosa Construction Company, Inc.

James M. Dash, Marlaine J. McVisk, Much, Shelist, Freed, Denenberg, Ament & Rubenstein, Chicago, for Tires `N Tracks, Inc.

Justice BYRNE delivered the opinion of the court:

In July 2000, plaintiff and counterdefendant, Tires `N Tracks, Inc., filed a verified complaint against defendant and counterplaintiff, Dominic Fiordirosa Construction Company, Inc. (Fiordirosa or defendant), and defendant, the City of Wheaton (the City). Count I alleged breach of contract on the part of Fiordirosa and sought a judgment of at least $15,750 plus interest for its failure to pay for certain work done...

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