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NICOR GAS CO. v. VILLAGE OF WILMETTE

No. 1-07-1041.

884 N.E.2d 816 (2008)

NICOR GAS COMPANY, Plaintiff-Appellant and Cross-Appellee, v. The VILLAGE OF WILMETTE, Defendant-Appellee and Cross-Appellant.

Appellate Court of Illinois, First District, Fifth Division.

February 29, 2008.

Attorney(s) appearing for the Case

Patrick G. Donnelly, Alexander McH. Memmen, Riordan, Donnelly, Lipinski & McKee, Ltd., Chicago, for Plaintiff-Appellant and Cross-Appellee.

James L. DeAno, Howard P. Levine, DeAno & Scarry, Wheaton, for Defendants Appellee and Cross-Appellant.

Presiding Justice FITZGERALD SMITH delivered the opinion of the court:

Plaintiff Nicor Gas Company appeals from the dismissal with prejudice, pursuant to section 2-615 of the Code of Civil Procedure (Code) (735 ILCS 5/2-615 (West 2006)), of its second amended complaint in its action for negligence against defendant Village of Wilmette (Village). The Village has filed a cross-appeal from the denial of its motion to dismiss...

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