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WETMORE v. LADIES OF LORETTO, WHEATON

Gen. No. 65-116.

73 Ill. App.2d 454 (1966)

220 N.E.2d 491

Horace O. Wetmore, Plaintiff-Appellee, v. The Ladies of Loretto, Wheaton, an Illinois Not-For-Profit Corporation, Defendant-Appellant.

Appellate Court of Illinois — Second District.

Rehearing denied October 26, 1966.

Attorney(s) appearing for the Case

McMahon & Plunkett, and Edward W. Nicewick, all of Chicago, for appellant.

Rathje, Woodward & Dyer Associates, and John S. Woodward, of Wheaton, for appellee.

MR. JUSTICE DAVIS delivered the opinion of the court.

This is an appeal from a judgment entered by the trial court in which the issues on both the complaint and counterclaim were found in favor of the plaintiff, Horace O. Wetmore, and against the defendant, The Ladies of Loretto, Wheaton, an Illinois not-for-profit corporation. The nature and extent of the right of the defendant to use a certain roadway is the critical issue involved in this litigation.

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