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SCHWANKE, SCHWANKE & ASSOCIATES v. MARTIN

No. 1-91-0485.

609 N.E.2d 654 (1992)

241 Ill. App.3d 738

182 Ill.Dec. 120

SCHWANKE, SCHWANKE & ASSOCIATES, Plaintiff-Appellant, v. Gwen R. MARTIN, Director, Illinois Department of Labor, Defendant-Appellee.

Appellate Court of Illinois, First District, Fourth Division.

Rehearing Denied March 25, 1993.

Attorney(s) appearing for the Case

Lawrence X. Pusateri, Bruce N. Menkes and Mark W. Daliere of Peterson & Ross, Chicago, for plaintiff-appellant.

Roland W. Burris, Atty. Gen., Rosalyn B. Kaplan, Sol. Gen. and John A. Morrissey, Asst. Atty. Gen., Chicago, for defendant-appellee.

Justice McMORROW delivered the opinion of the court:

Plaintiff filed suit for declaratory judgment seeking a determination that it was not in violation of the Illinois Prevailing Wage Act (Ill.Rev.Stat.1987, ch. 48, pars. 39s-1 through 39s-12 (the Act)). The trial court ruled that plaintiff's complaint was premature and dismissed it with prejudice. Plaintiff appeals from this order.

Section 1 of the Act declared that it is the policy of the State "that a wage...

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