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STATE TOLL HIGHWAY AUTH. v. AMOCO OIL CO.

No. 2-01-1201.

783 N.E.2d 658 (2003)

336 Ill. App.3d 300

270 Ill.Dec. 696

ILLINOIS STATE TOLL HIGHWAY AUTHORITY, Plaintiff-Appellant, v. AMOCO OIL COMPANY and Mobil Oil Corporation, Defendants-Appellees.

Appellate Court of Illinois, Second District.

January 13, 2003.

Attorney(s) appearing for the Case

Earl A. Deutsch, Kenneth W. Funk, Phillip J. Zisook, Brian D. Saucier, Karen Kavanagh Mack, Deutsch, Levy & Engel, Chtd., Chicago, for Illinois State Toll Highway Authority.

Donald F. Hemmesch Jr., Christopher B. Kaczynski, Smith, Hemmesch, Burke & Brannigan, Chicago, for Amoco Oil Company.

Eric N. Macey, Elizabeth A. Mayer, Novack & Macey, Chicago, for Mobil Oil Corporation.

Justice O'MALLEY delivered the opinion of the court:

Plaintiff, the Illinois State Toll Highway Authority (ISTHA), appeals from the dismissal of its complaint against Amoco Oil Co. (Amoco) and Mobil Oil Corp. (Mobil). ISTHA sought a declaration that Mobil and Amoco, while operating gasoline stations on ISTHA's property under written agreements with ISTHA, violated the terms of those agreements by spilling petroleum products onto the property. ISTHA also asked that...

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