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TRAVELERS INS. CO. v. ESTATE OF O'ROURKE

No. 55185.

5 Ill. App.3d 1066 (1972)

284 N.E.2d 468

THE TRAVELERS INSURANCE COMPANY, Petitioner-Appellant, v. ESTATE OF JOHN STEPHEN O'ROURKE, Deceased, Respondent-Appellee.

Appellate Court of Illinois — First District.

May 15, 1972.

Attorney(s) appearing for the Case

Cornelius J. Harrington, Jr. and Alan H. Swanson, both of Chicago, (Kirkland, Ellis, Hodson, Chaffetz & Masters, of counsel,) for appellant.

John C. Mullen and Benjamin H. Black, both of Black & Beermann, of Chicago, for appellee.

Order reversed and cause remanded.

Mr. JUSTICE BURKE delivered the opinion of the court:

The Travelers Insurance Company (Travelers) filed a claim to recover $4,000.00 from the Estate of John Stephen O'Rourke, deceased. After a bench trial, the court denied the claim and the Travelers perfected this appeal. The following appears from the record.

On or about March 31, 1968, John Stephen O'Rourke was employed by the Railway Express Agency, Inc. (REA...

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