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ILLINOIS BELL TELEPHONE. CO. v. PLOTE, INC.

No. 1-00-3743.

778 N.E.2d 1203 (2002)

334 Ill. App.3d 796

268 Ill.Dec. 581

ILLINOIS BELL TELEPHONE COMPANY, d/b/a Ameritech Illinois, an Illinois Corporation, Plaintiff and Counterdefendant-Appellee, v. PLOTE, INC., an Illinois Corporation, Defendant; (Plote, Inc., an Illinois Corporation, Allied Asphalt Paving Company, an Illinois Corporation, and Milburn Brothers, Inc., an Illinois Corporation, an Illinois Joint Venture, Counterplaintiffs-Appellants).

Appellate Court of Illinois, First District, First Division.

October 21, 2002.

Attorney(s) appearing for the Case

FOR APPELLANT: Warren R. Fuller, Karen A. Berres, FULLER & BERRES, South Barrington, for Appellant.

FOR APPELLEE: Jennifer S. Holloway, Donald C. Clark, Jr., One S. Wacker, Chicago, for Appellee.

Presiding Justice GORDON delivered the opinion of the court:

Counterplaintiffs, Plote, Inc., Allied Asphalt Paving Company and Milburn Brothers, Inc. (collectively Plote or plaintiff), appeal from the judgement of the circuit court of Cook County granting a motion pursuant to section 2-615 of the Code of Civil Procedure (735 ILCS 5/2-615 (West 2000)) in favor of counterdefendant Illinois Bell Telephone Company, d/b/a Ameritech Illinois (Bell or defendant), dismissing...

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