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HAHN v. COUNTY OF KANE

No. 2-12-0660.

991 N.E.2d 373 (2013)

2013 IL App (2d) 120660

372 Ill. Dec. 66

Marjorie C. HAHN, Successor Trustee to Robert C. Hahn, Trustee Under Trust Agreement Dated November 13, 1998, Plaintiff and Counterdefendant-Appellant and Cross-Appellee, v. The COUNTY OF KANE and The City of St. Charles, Defendants-Appellees (Internal Combustion, LLC, Defendant and Counterplaintiff-Appellee and Cross-Appellant).

Appellate Court of Illinois, Second District.

Rehearing Denied July 1, 2013.

Attorney(s) appearing for the Case

Joseph P. Sauber , Shearer & Agrella, St. Charles, for appellant Marjorie C. Hahn.

Jeffrey S. Torosian , Kimberly M. DeShano , Greenberg, Traurig, LLP, Chicago, for appellee Internal Combustion, LLC.

Phillip A. Luetkehans , Robert W. Funk , Schirott, Luetkehans & Garner, P.C., Itasca, for appellee the City St. Charles.

OPINION

Justice McLAREN delivered the judgment of the court, with opinion.

¶ 1 Plaintiff, Marjorie C. Hahn, successor trustee of the Robert C. Hahn Trust, dated November 13, 19981 (collectively, Hahn), appeals from the trial court's orders (1) finding in favor of defendant Internal Combustion, LLC (IC), on its affirmative defense of waiver; (2) finding in favor of defendant...

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