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CC DISPOSAL v. VEOLIA VALLEY VIEW LANDFILL

No. 4-10-0230.

952 N.E.2d 14 (2010)

Ill.App.3d 783

CC DISPOSAL, INC., a Corporation, Plaintiff-Appellee, v. VEOLIA ES VALLEY VIEW LANDFILL, INC., an Illinois Corporation, d/b/a Macon County Landfill, Defendant-Appellant.

Appellate Court of Illinois, Fourth District.

Rehearing Denied January 24, 2011.

Attorney(s) appearing for the Case

Michael J. Kanute (argued), Trina K. Taylor , Baker & Daniels, LLP, Chicago, for Veolia ES Valley View Landfill, Inc.

Jon D. Robinson (argued), Timothy J. Tighe, Jr. , Bolen Robinson & Ellis, LLP, Decatur, for CC Disposal.

Presiding Justice KNECHT delivered the opinion of the court:

Defendant, Veolia ES Valley View Landfill, Inc., appeals after a bench trial from the trial court's decision it materially breached its contract with plaintiff, CC Disposal, Inc., and rescinding that contract. Defendant argues the trial court erred in (1) finding the contract at issue required defendant to operate its landfill on Saturdays; (2) failing to consider whether plaintiff had an adequate remedy...

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