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RUST v. HOLLAND

Gen. No. 11,090.

15 Ill. App.2d 369 (1957)

146 N.E.2d 82

LaVera Rust, Administratrix of the Estate of Gerald Glen James Rust, Deceased; Roberta Sutter, a minor, by Goldie Sutter, her mother and next friend; and Goldie Sutter, Plaintiffs, v. Darrell C. Holland and Eugene D. Finchum and Ivan Mullen, a co-partnership d/b/a Finchum Trucking Company, Defendants. Sandra Mae Rust Carr and Barbara Marie Rust Carr, minors, by Jeanne R. Carr, guardian of the estates and persons of said minors, Appellants, v. LaVera Rust, Administratrix of Estate of Gerald Glen James Rust, Deceased; Roberta Sutter, a minor, by Goldie Sutter, her mother and next friend; Goldie Sutter; Darrell C. Holland and Eugene D. Finchum and Ivan Mullen, a co-partnership d/b/a Finchum Trucking Company, Appellees.

Appellate Court of Illinois — Second District, First Division.

Released for publication December 12, 1957.

Attorney(s) appearing for the Case

Michael A. Stapleton, and William T. Connery, both of Dubuque, and James L. Coburn, of Elizabeth, for appellants.

Nack & Nack, of Galena (Louis A. Nack, of counsel) for appellee, LaVera Rust, Administratrix of aforesaid; Harold D. Nagel, of Stockton, for appellees.

PRESIDING JUSTICE DOVE delivered the opinion of the court.

The only question presented by this appeal is the proper distribution of the proceeds of a judgment recovered under the wrongful death act by La Vera Rust as administrator of the estate of Gerald Glen James Rust, deceased.

From the pleadings and evidence it appears that the decedent, Gerald Glen James Rust, died on August 11, 1956 as the result of an automobile collision. At that time he was 34 years...

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