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PEOPLE EX REL. CHI. & E. ILL. R.R. v. FLEMING

No. 41525.

42 Ill.2d 231 (1969)

246 N.E.2d 275

THE PEOPLE ex rel. Chicago & Eastern Illinois Railroad Company, Appellant, v. JOSEPH E. FLEMING, Judge, et al., Appellees.

Supreme Court of Illinois.

Opinion filed March 27, 1969.

Attorney(s) appearing for the Case

WALKER & WILLIAM, of East St. Louis, (RALPH D. WALKER and MARTIN W. IMBER, of counsel,) for appellant.

CARR, RAFFAELLE & COOK, of East St. Louis, (REX CARR, of counsel,) for appellees.

Judgment affirmed.

Mr. JUSTICE SCHAEFER delivered the opinion of the court:

The Chicago & Eastern Illinois Railroad Company sought leave to file a petition for an original writ of mandamus in the Appellate Court, Fifth District, to compel the respondent, Joseph E. Fleming, a judge of the circuit court, to enter a summary judgment in the Railroad's favor. The petition charged that by refusing to grant the Railroad's motion for summary judgment in...

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