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PEITHMAN v. BEALS

Gen. No. 10,945.

103 Ill. App.2d 138 (1968)

242 N.E.2d 476

Winona Peithman, Plaintiff-Appellant, v. Max E. Beals and O'Neil Bros. Construction Co., a Co-partnership, and Harold O'Neil and E.J. LaBoube, Co-partners Doing Business as O'Neil Bros. Construction Co., Defendants, Thomas H. Brehm, Defendant-Appellee.

Appellate Court of Illinois — Fourth District.

December 9, 1968.

Attorney(s) appearing for the Case

Zimmerly & Johnson, of Champaign (Philip C. Zimmerly, of counsel), and Monroe & McGaughey, of Decatur, for appellant.

Mitchem, Hendrix & Aldeen, of Urbana (Charles W. Hendrix, of counsel), for appellee.

TRAPP, P.J.

Plaintiff appeals from a summary judgment entered in favor of the defendant, Thomas Brehm.

The issue was determined below upon the complaint and the facts disclosed in the discovery deposition of Brehm. Plaintiff, Winona Peithman, was a passenger in an automobile which had been stopped at a construction barricade on Route 10, west of Champaign, Illinois. Brehm, travelling in the same direction, had

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