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PEOPLE EX REL. DAY v. PROGRESS INS. ASS'N

Gen. No. 46,577.

8 Ill. App.2d 75 (1955)

130 N.E.2d 526

People of State of Illinois, ex rel. J. Edward Day, Director of Insurance of State of Illinois, Petitioner-Appellee, v. Progress Insurance Association, a Reciprocal or Inter-Insurance Exchange, Respondent-Appellee, Justine F. McCarthy, Director of Insurance of State of Illinois, and as Liquidator of Progress Insurance Association, Petitioner-Appellee, Robert E. Gallagher, as Receiver of Progress, Incorporated, Appellee, Progress, Incorporated, and W.N. Lowe, Claimants-Respondents-Appellants.

Appellate Court of Illinois — First District, Second Division.

Released for publication December 14, 1955.

Attorney(s) appearing for the Case

Lyle, Havey & Gager, and Seyfarth and Atwood, all of Chicago, for appellants; Edward T. Havey, Karl Edwin Seyfarth, and Benton Atwood, all of Chicago, of counsel.

Sherman B. Lans, of Chicago, for Justine F. McCarthy; Fred A. Gariepy, of Chicago, for Robert E. Gallagher; John Spalding, of Chicago, of counsel.

JUDGE SCHWARTZ delivered the opinion of the court.

Progress, Incorporated and W.N. Lowe, its president and sole stockholder, appeal from an order denying their claim against Progress Insurance Association, an Illinois reciprocal insurance company which is in the process of involuntary liquidation. The principal issue involved is whether the prosecution of this claim is barred by a prior order (from which order no appeal...

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