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RALSTON PURINA CO. v. KILLAM

No. 71-153.

10 Ill. App.3d 397 (1973)

293 N.E.2d 750

RALSTON PURINA COMPANY, Plaintiff-Appellee, v. ROY B. KILLAM, Exr. of the Last Will and Testament of PEARL K. JOHNSON, Deceased, Defendant-Appellee — (NOBLE JOHNSON AND BERNADINE M. HUNTER, Defendants-Appellants.)

Appellate Court of Illinois — Fifth District.

March 8, 1973.

Attorney(s) appearing for the Case

Fribley & Fribley, of Pana, for appellants.

McDonald & Strickland, of Carrollton, (Hugh A. Strickland, of counsel,) for appellee Ralston Purina Co.

William L. Turner, of Shelbyville, for appellee Roy B. Killam.

Reversed in part, affirmed in part and remanded.

Mr. PRESIDING JUSTICE EBERSPACHER delivered the opinion of the court:

This is an appeal from a judgment of the Circuit Court of Shelby County, (a) awarding attorney fees and other costs to plaintiff-appellee, operator of a grain elevator which as plaintiff filed an interpleader proceeding to determine who was to receive the proceeds of sale of crops planted and growing on farm land, subject to a life estate...

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