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KEEN v. DAVIS

Gen. No. 65-115.

76 Ill. App.2d 49 (1966)

221 N.E.2d 334

John M. Keen, Administrator of the Estate of Carol June Keen, Deceased, Plaintiff-Appellant, v. Alva C. Davis, Doing Business as Alva C. Davis Drilling Company, Willard Tullis, John Davis, Doing Business as John Davis Excavating Company, and Clarence Taylor, Defendants-Appellees.

Appellate Court of Illinois — Fifth District.

October 28, 1966.

Attorney(s) appearing for the Case

Hanagan & Dousman, of Mt. Vernon, for appellant.

Jack E. Horsley and Richard F. Record, Jr., of Craig & Craig, of Mattoon, for appellees Alva C. Davis and Willard Tullis, and John C. Robison, of Marshall, Feiger, Robison & Quindry, of Fairfield, for appellees John Davis and Clarence Taylor.

GOLDENHERSH, P.J.

Plaintiff appeals from the judgment of the Circuit Court of Wayne County, entered upon allowance of defendants' motions for a directed verdict at the close of the plaintiff's case.

Defendants have filed a motion to dismiss the appeal on the ground that plaintiff, having failed to file a post-trial motion, has waived the right to apply for a new trial, and the failure to file such post-trial motion prevents consideration of the appeal on its...

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