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WESTERN STATES MUT. AUTOMOBILE INS. CO. v. MAY

Gen. No. 47,289.

18 Ill. App.2d 442 (1958)

152 N.E.2d 608

Western States Mutual Automobile Insurance Co., Appellee, v. Lonnie H. May, Individually, and Ida May, as Administrator of Estate of Charles W. May, Deceased, Appellants.

Appellate Court of Illinois — First District, First Division.

Rehearing denied September 18, 1958.

Released for publication September 29, 1958.

Attorney(s) appearing for the Case

Harold E. Friedman, of Chicago, for appellants.

Hinshaw, Culbertson, Moelmann & Hoban, of Chicago (Oswell G. Treadway, of counsel) for appellee.

JUSTICE ROBSON delivered the opinion of the court.

This is an appeal from a declaratory judgment declaring void a policy of automobile liability insurance. The cause was tried upon the pleadings and upon a stipulation of facts signed by counsel. Plaintiff has predicated this action on the theory that the policy was void because of a misrepresentation of the true identity of the owner of the automobile. Defendants have resisted on the grounds that all necessary parties...

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