PASCHEN CONTRACTORS v. CITY OF KANKAKEE

No. 3-03-0602.

819 N.E.2d 353 (2004)

353 Ill. App.3d 628

289 Ill.Dec. 196

PASCHEN CONTRACTORS, INC., a Delaware Corporation, Plaintiff-Appellant (Modern Electric Company of Illinois, a Delaware corporation, Plaintiff), v. CITY OF KANKAKEE, Illinois Defendant-Appellee (Donohue & Associates, Inc., a Wisconsin corporation, Defendant).

Appellate Court of Illinois, Third District.

November 22, 2004.


Attorney(s) appearing for the Case

Steven J. Rotunno and John C. Anderson (argued), John A. Dienner, Kubasiak, Fylstra, Reizen & Rotunno, Chicago, for Paschen Contractors, Inc.

Douglas J. Palandech, James T. Ferrini, Agelo L. Reppas (argued), Edward M. Kay, Tracey A. Jordan, Clausen Miller P.C., Chicago, Christopher W. Bohlen, Barmann, Bohlen & Woodruff, Kankakee, for City of Kankakee.

Laurie Randolph, Joshua G. Vincent, Hinshaw & Culbertson, Chicago, Hugh N. Anderson, Wickwire Gavin, P.C., Madison, WI, for Donohue & Associates, Inc.

Paul F. Conarty, Geneva, for Appellee.


Justice McDADE delivered the opinion of the court:

Plaintiff, Paschen Contractors, Inc. (Paschen), appeals from an order striking portions of its complaint, denying its motion to file a third amended complaint, and a grant of summary judgment in favor of defendants, City of Kankakee (Kankakee) and Donohue & Associates, Inc. (Donohue). For the following reasons, we reverse.

BACKGROUND

In 1984, Kankakee advertised for bids to build a wastewater...

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