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KORTE & LUITJOHAN CONTRACTORS v. THIEMS CONSTRUCTION COMPANY

No. 5-05-0516.

887 N.E.2d 904 (2008)

KORTE & LUITJOHAN CONTRACTORS, INC., Plaintiff-Appellee and Cross-Appellant, v. THIEMS CONSTRUCTION COMPANY, INC., Defendant-Appellant and Cross-Appellee (The Department of Transportation, Defendant-Appellee and Cross-Appellee).

Appellate Court of Illinois, Fifth District.

April 30, 2008.

Attorney(s) appearing for the Case

Patrick M. Flynn, Flynn & Guymon, Belleville, IL, for Thiems Construction Co., Inc.

Thomas W. Burkart, Burkart Law Offices, Hamel, IL, for Korte & Luitjohan Contractors, Inc.

Lisa Madigan, Attorney General, Gary Feinerman, Solicitor General, Erik Light, Assistant Attorney General, Chicago, IL, for The Department of Transportation.

Justice GOLDENHERSH delivered the opinion of the court.

Plaintiff, Korte & Luitjohan Contractors, Inc., filed a three-count complaint against the Illinois Department of Transportation (IDOT) and Thiems Construction Company, Inc. (defendant), in the circuit court of Montgomery County. The circuit court dismissed the claim against IDOT, entered a summary judgment for defendant on plaintiff's claims for breach of contract, and awarded plaintiff interest for late...

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