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FARMERS OIL & SUPPLY CO. v. ILL. CENT. R.R. CO.

No. 11572.

6 Ill. App.3d 965 (1972)

286 N.E.2d 68

FARMERS OIL AND SUPPLY COMPANY et al., Plaintiffs-Appellants, v. ILLINOIS CENTRAL RAILROAD COMPANY et al., Defendants-Appellees.

Appellate Court of Illinois — Fourth District.

August 2, 1972.

Attorney(s) appearing for the Case

Costigan & Wollrab, and Dunn, Brady, Goebel, Ulbrich, Hayes & Morel, both of Bloomington, Sidney H. Dilks, of Paxton, and Heckenkamp & Fuiten, of Springfield, for appellants.

Fleming, Messman, Lapan & O'Connor, of Bloomington, (Roger D. Lapan, of counsel,) for appellees.

Judgment affirmed.

Mr. JUSTICE CRAVEN delivered the opinion of the court:

Appeal is taken from judgment of the trial court in declaratory judgment action denying relief after holding the complaint sufficient to state a cause of action in declaratory judgment.

The action arises out of an auto accident occurring January 24, 1970, between a gasoline tank truck driven by Robert Newby and a railroad train operated by defendant, Illinois Central Railroad...

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