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ALLEN v. CONKEN

No. 40912.

39 Ill.2d 427 (1968)

235 N.E.2d 631

SHARON ALLEN et al., Appellees, v. JOHN L. CONKEN et al. — (The Department of Public Aid, Appellant.)

Supreme Court of Illinois.

Opinion filed March 28, 1968.

Attorney(s) appearing for the Case

WILLIAM G. CLARK, Attorney General, of Springfield, (JOHN J. O'TOOLE and ROBERT F. NIX, Assistant Attorneys General, of counsel,) for appellant.

DYER, RICHMONS, MOORE & NELSON, of Hoopeston, (WILLIAM E. NELSON, of counsel,) for appellees.

Reversed and remanded.

Mr. JUSTICE UNDERWOOD delivered the opinion of the court:

Leonard Allen was accidentally incapacitated for a period approximating two years during which his wife and children were furnished financial assistance by the Department of Public Aid of this State in the amount of $3,981. Thereafter a dramshop action instituted by the wife and children was settled for $9,750, of which $3,981 was deposited with the clerk of the circuit court...

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