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BERRYMAN TRANSFER AND STORAGE CO., INC. v. NEW PRIME, INC.

No. 4-03-0345.

802 N.E.2d 1285 (2004)

345 Ill. App.3d 859

280 Ill.Dec. 764

BERRYMAN TRANSFER AND STORAGE COMPANY, INC., Plaintiff-Appellant, v. NEW PRIME, INC., d/b/a/ Prime, Inc., Defendant-Appellee.

Appellate Court of Illinois, Fourth District.

Decided January 15, 2004.

Rehearing Denied February 11, 2004.

Attorney(s) appearing for the Case

Edward D. McNamara, Jr. (argued), McNamara & Evans, Springfield, for Berryman Transfer & Storage Co.

Anthony E. Young (argued), Anthony E. Young, Ltd., Chicago, Gary L. Smith, Loewenstein, Hagen & Smith, P.C., Springfield, for New Prime, Inc.

Justice STEIGMANN delivered the opinion of the court:

In September 1996, plaintiff, Berryman Transfer and Storage Company, Inc. (Berryman), sued defendant, New Prime, Inc., d/b/a Prime, Inc. (Prime), seeking to enforce an August 1995 contract between the parties. In June 2001, Berryman filed its second-amended complaint.

In October 2002, following a bench trial, the trial court entered judgment in Prime's favor...

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