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Xerox Corporation v. State of Illinois

35 Ill. Ct. Cl. 313 Illinois Court of Claims Filed 1982-02-19 No. 80-CC-1716
Disposition: (No. 80-CC-1716-Claimant awarded $2,422.02.) Award: $2,422.02 Agency: Department of Children and Family Services
Cite as: Xerox Corporation v. State of Illinois, 35 Ill. Ct. Cl. 313 (1982)

XEROX CORPORATION, Claimant, v. THE STATE OF ILLINOIS, Respondent.

Case summary

Xerox Corporation claimed $2,422.02 from the State of Illinois, Department of Children and Family Services. The court awarded the full amount after the department failed to provide a report or answer, leading to a default judgment.

Claim type: Contract

AI-generated summary from the opinion text — may contain errors. The opinion text and PDF above are the official record.

Headnotes

  1. PRACTICE AND PRocEDvRE-defense not raised-award allowed. Award allowed in amount claimed as State had made request of Department of Children and Family Services for report on claim, but no report was ever filed with Court of Claims, therefore Court would hold that no defense was timely raised and award would be allowed.

FALLS AND SAMIS,for Claimant. TYRONE C. FAHNER , Attorney General (FRANCIS DONOVAN AND KATHLEEN O’BRIEN,Assistant Attorneys General, of counsel), for Respondent.

ROE, C.J.

This is a claim in the amount of $2,422.02against the State of Illinois, Department of Children and Family Services for $2,422.02.It was filed on March 26,1980, and a request was made of the department for a report on the matter by the Attorney General’s office about three weeks later. Because no written answer was filed within 60 days a general denial was deemed made and the case was assigned to a commissioner to set for hearing.

[*314] The commissioner originally set it for hearing on November 8, 1980, but continued it because no departmental report was available. By order of the commissioner it was scheduled for final disposition on March 11,1980, nearly one year after it had been filed. However, the Department of Children and Family Services still had not

Official volume 35 (Containing cases in which opinions were filed and orders of dismissal entered, without opinion for: Fiscal Year 1982 – July 1, 1981–June 30, 1982; Fiscal Year 1983 – July 1, 1982 – June 30, 1983)  ·  All opinions in this volume  ·  Also on CourtListener

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