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SMITH v. BISHOP

No. 36870.

26 Ill.2d 434 (1962)

187 N.E.2d 217

THEDA SMITH, Appellant, v. THOMAS W. BISHOP, JR. et al., Appellees.

Supreme Court of Illinois.

Rehearing denied January 28, 1963.

Attorney(s) appearing for the Case

FINFROCK AND FINFROCK, and APPLEMAN, ZIMMERLY & McKNELLY, both of Urbana, (JOHN H. FINFROCK, and JOHN ALAN APPLEMAN, of counsel,) for appellant.

RENO & O'BYRNE, of Champaign, (DONALD M. RENO, of counsel,) for appellees.

Reversed and remanded.

Mr. JUSTICE KLINGBIEL delivered the opinion of the court:

Theda Smith brought an action in the circuit court of Champaign County for personal injuries. Summary judgment was entered for defendants on the ground that plaintiff had been next of kin in whose behalf an action had been brought against the same defendants for wrongful death of her two infant children killed in the same accident, that the wrongful death action had resulted in...

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