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E.H. SWENSON & SON, INC. v. LORENZ

No. 39921.

36 Ill.2d 382 (1967)

223 N.E.2d 147

E.H. SWENSON & SON, INC., et al., Appellees, v. FRANCIS S. LORENZ, Director of Public Works and Buildings, et al., Appellants.

Supreme Court of Illinois.

Opinion filed January 19, 1967.

Attorney(s) appearing for the Case

WILLIAM G. CLARK, Attorney General, of Springfield, (RICHARD A. MICHAEL, JOHN J. O'TOOLE, and A. ZOLA GROVES, Assistant Attorneys General, of counsel,) for appellants.

DRACH, TERRELL & DEFFENBAUGH, of Springfield, (GEORGE E. DRACH, of counsel,) for appellees.

Judgment affirmed.

Mr. JUSTICE SCHAEFER delivered the opinion of the court:

As this case was submitted to the court upon briefs and oral argument, the only question it presents is whether the action is one against the State of Illinois, and therefore barred by section 26 of article IV of the constitution, which provides: "The state of Illinois shall never be made defendant in any court of law or equity."

The plaintiffs are four highway construction...

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