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ADKINS ENERGY, LLC v. DELTA-T CORP.

No. 2-02-1063.

806 N.E.2d 1273 (2004)

347 Ill. App.3d 373

282 Ill.Dec. 685

ADKINS ENERGY, LLC, Plaintiff-Appellant, v. DELTA-T CORPORATION, Defendant-Appellee.

Appellate Court of Illinois, Second District.

March 31, 2004.

Attorney(s) appearing for the Case

Keith D. Parr, Hugh S. Balsam, William A. Rakoczy, Sara A. Lufrano, Lord, Bissell & Brook, Chicago, David D. Shockey, Shockey & Cox Law Offices, Freeport, for Adkins Energy, LLC.

Michael F. O'Brien, McGreevy, Johnson & Williams, P.C., Rockford, for Delta-T Corporation.

Justice KAPALA delivered the opinion of the court:

Plaintiff, Adkins Energy, LLC (Adkins), sought declaratory relief in response to alleged litigation threats by defendant, Delta-T Corporation (Delta-T), in connection with an ethanol plant that Adkins was building. The trial court granted summary judgment for Delta-T on count I of Adkins's amended complaint. It also granted Delta-T's motion to dismiss counts II and III, holding that the parties' rights were fixed...

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