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SAYLES v. CHICAGO, R.I. & P.R. CO.

Gen. No. 50,881.

103 Ill. App.2d 36 (1968)

243 N.E.2d 633

Levi M. Sayles, Plaintiff, v. Chicago, Rock Island and Pacific Railroad Company, et al., Defendants. Chicago, Rock Island and Pacific Railroad Company, a Corporation, Third Party Plaintiff-Appellant, v. The Sherwin-Williams Company, a Corporation, Third Party Defendant-Appellee.

Appellate Court of Illinois — First District, Fourth Division.

November 27, 1968.

Attorney(s) appearing for the Case

Kirkland, Ellis, Hodson, Chaffetz & Masters, of Chicago (Charles M. Rush and John W. Kearns, Jr., of counsel), for appellant.

Schiff, Hardin, Waite, Dorschel & Britton, of Chicago (James B. O'Shaughnessy and Peter V. Fazio, Jr., of counsel), for appellee.

ON REHEARING

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

A suit had been brought by Levi M. Sayles against the Chicago, Rock Island and Pacific Railroad Company (hereafter referred to as the Railroad) and two of its agents. Sayles was an employee of the Sherwin-Williams Paint Company (hereafter referred to as the Industry). His original suit had been settled upon the payment to him...

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