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MONTALBANO BUILDERS, INC. v. RAUSCHENBERGER

No. 3-02-0620.

794 N.E.2d 401 (2003)

341 Ill. App.3d 1075

276 Ill.Dec. 506

MONTALBANO BUILDERS, INC., Plaintiff-Appellant, v. David RAUSCHENBERGER, Indiv. and d/b/a Rauschenberger Contractors, Defendants-Appellees Bolingbrook Park District, a Municipal Corporation, Defendant).

Appellate Court of Illinois, Third District.

July 25, 2003.

Attorney(s) appearing for the Case

Pamela D. Gorcowski (argued), Rooks, Pitts & Poust, Joliet, for Montalbano Builders, Inc.

Bruce M. Konzelman, Codo, Bonds, Zumstein & Konzelman, Joliet, for Bolingbrook Park District.

C. Jeffery Thut (argued), Roach, Johnston & Thut, Libertyville, for David R. Rauschenberger.

Presiding Justice McDADE delivered the opinion of the court:

In this contract dispute, the plaintiff, Montalbano Builders, complained that defendants, David Rauschenberger and Rauschenberger Contractors, failed to complete work they had contracted to do. Rauschenberger counterclaimed for payment. During discovery defendants sought plaintiff's admission to certain facts. Plaintiff failed to timely respond, claiming not to...

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