PHELPS v. ELGIN, J. & E. RY. CO.

Gen. No. 48,581.

37 Ill. App.2d 46 (1962)

184 N.E.2d 799

Anna L. Phelps, as Special Administratrix of the Estate of Paul A. Phelps, Deceased, Plaintiff-Appellee, v. Elgin, Joliet and Eastern Railway Company, a Corporation, Defendant, William O. Arnold, Richard F. Peterson, Edward A. Bogucki and John H. Bickley, Jr., Respondents-Appellants.

Appellate Court of Illinois — First District, First Division.

Rehearing denied September 13, 1962.


Attorney(s) appearing for the Case

L. Louis Karton, of Chicago, for respondents-appellants.

William H. DeParcq and Edmund C. Maurer, of Chicago (Charles Alan Wright, of Austin, Texas, of counsel), for appellee.


MR. PRESIDING JUSTICE BURMAN delivered the opinion of the court.

The instant suit was an action under the Federal Employers' Liability Act to recover damages for the death of Paul A. Phelps. A judgment was rendered against Elgin, Joliet & Eastern Railway for $100,000 and part of the proceeds were deposited with the clerk of the court. Plaintiff, the widow, filed a petition in these proceedings to adjudicate the attorney's lien of respondents and after a hearing...

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