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HELLE v. BRUSH

No. 44907.

53 Ill.2d 405 (1973)

292 N.E.2d 372

LLOYD C. HELLE, Highway Commissioner, Appellee, v. BILLY G. BRUSH, Appellant.

Supreme Court of Illinois.

Opinion filed January 26, 1973.

Attorney(s) appearing for the Case

CLAUDON, ELSON & LLOYD, of Canton (JAMES J. ELSON, of counsel), for appellant.

FROEHLING & TAYLOR, of Canton, for appellee.

Reversed and remanded.

MR. JUSTICE DAVIS delivered the opinion of the court:

The sole issue for our determination in this case is whether a timely counterclaim may be filed by the defendant, Billy G. Brush, against the plaintiff and counterdefendant, Lloyd C. Helle, Highway Commissioner for Lee Township Road District, a public entity, under the provisions of the Local Governmental and Governmental Employees Tort...

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