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MARTINO v. BARRA

No. 39956.

37 Ill.2d 588 (1967)

229 N.E.2d 545

MARLENE H. MARTINO, Admx. et al., vs. NED THOMAS BARRA et al., Appellees — (CITIES SERVICE OIL COMPANY, Appellant.)

Supreme Court of Illinois.

Rehearing denied September 27, 1967.

Attorney(s) appearing for the Case

KIRKLAND, ELLIS, HODSON, CHAFFETZ & MASTERS, of Chicago, (CHARLES M. RUSH and JOHN M. O'CONNOR, JR., of counsel,) for appellant Cities Service Oil Company.

HINSHAW, CULBERTSON, MOELMANN & HOBAN, of Chicago, (JOHN M. MOELMANN and D. KENDALL GRIFFITH, of counsel,) for appellee Ned Thomas Barra.

PATRICK J. MULDOWNEY, of Chicago, for appellee Mt. Vernon Tire Service Corporation.

JAMES A. DOOLEY, of Chicago, for plaintiffs as amici curiae supporting petition for leave to appeal.

NAT P. OZMAN, for amicus curiae Anton Hamel.

Affirmed in part and reversed in part and remanded.

Mr. JUSTICE WARD delivered the opinion of the court:

We allowed a petition for leave to appeal by Cities Service Oil Company from a judgment of the First District Appellate Court, which reversed in part a judgment of the circuit court of Cook County, dismissed the appeal as to certain parties, and remanded the cause. (Martino v. Barra, 67 Ill.App.2d 328

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