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H & M COMMERCIAL DRIVER LEAS. INC. v. FOX VALLEY CONT., INC.

No. 96057.

805 N.E.2d 1177 (2004)

209 Ill.2d 52

282 Ill.Dec. 160

H & M COMMERCIAL DRIVER LEASING, INC., Appellee, v. FOX VALLEY CONTAINERS, INC., Appellant.

Supreme Court of Illinois.

February 20, 2004.

Attorney(s) appearing for the Case

Swanson, Martin & Bell, Lisle (Bruce S. Terlep, Ross W. Bartolotta and Christian A. Sullivan, of counsel), for appellant.

Scott M. Levin and Jennifer Paganessi Fisher, of Defrees & Fiske, Chicago, for appellee.

Justice FREEMAN delivered the opinion of the court:

Plaintiff, H & M Commercial Driver Leasing, Inc. (H & M), filed an action for breach of contract against defendant, Fox Valley Containers, Inc. (Fox Valley), in the circuit court of Cook County. The circuit court granted H & M judgment on the pleadings (735 ILCS 5/2-615(e) (West 2000)), and the appellate court affirmed (No. 1-01-2831 (unpublished order under Supreme Court Rule 23)). We granted Fox Valley...

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