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SMILEY v. ESTATE OF TONEY

No. 41818.

44 Ill.2d 127 (1969)

254 N.E.2d 440

ROY J. SMILEY et al., Appellants, v. THE ESTATE OF CHARLES TONEY et al. — (Country Mutual Insurance Company, Appellee.)

Supreme Court of Illinois.

Rehearing denied January 26, 1970.

Attorney(s) appearing for the Case

REESE, SCHLUETER & ECKLUND, of Rockford, (BERNARD P. REESE, JR., of counsel,) for appellants.

MAYNARD & BRASSFIELD, of Rockford, (EUGENE E. BRASSFIELD, of counsel,) for appellee.

Judgment affirmed.

Mr. JUSTICE SCHAEFER delivered the opinion of the court:

The issue in this case, which is here on leave granted to appeal from a decision of the Appellate Court, Second District (100 Ill.App.2d 271), involves the construction of the "uninsured motorist" provision of the Illinois Insurance Code. Ill. Rev. Stat. 1963, ch. 73, par. 755a.

The issue arose in this way. Roy Smiley was a passenger...

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