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GENEVA CONSTR. CO. v. MARTIN TR. & STOR. CO.

Gen. No. 10,681.

351 Ill. App. 289 (1953)

114 N.E.2d 906

Geneva Construction Company, and Frank J. Powers, Plaintiffs-Appellees, v. Martin Transfer and Storage Company, Defendant-Appellant.

Appellate Court of Illinois.

Released for publication November 2, 1953.

Attorney(s) appearing for the Case

ALLEN, MATTHEWS, JORDAN & DEAN, of Aurora, and ECKERT, PETERSON & LEEMING, of Chicago, for appellant; EVERETT JORDAN and JOSEPH T. SUHLER, both of Aurora, and HAROLD W. HUFF, and HERBERT C. LOTH, JR., both of Chicago, of counsel.

WILLIAM C. O'BRIEN, of Aurora, for appellees; WILLIAM C. O'BRIEN, WILSON D. BURNELL, DONALD L. PUCKETT, and JOSEPH H. BARNETT, all of Aurora, of counsel.

MR. JUSTICE ANDERSON delivered the opinion of the court.

The Geneva Construction Company, plaintiff herein, filed suit to recover compensation paid to its employee, Frank J. Powers, in the circuit court of Kane county, Illinois, against Martin Transfer and Storage Company, defendant. The suit was based upon paragraph 1 of section 29 of the Illinois Workmen's Compensation Act. (Ill. Rev. Stat. 1949, chap. 48, par. 166 [Jones Ill. Stats. Ann. 143.44].) Geneva alleged...

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