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JOHNSON v. CHICAGO & WESTERN INDIANA R.R. CO.

No. 56911.

11 Ill. App.3d 817 (1973)

298 N.E.2d 315

HAROLD JOHNSON, a Minor, by Eula Johnson, His Mother and Next Friend et al., Plaintiffs-Appellees, v. CHICAGO & WESTERN INDIANA RAILROAD COMPANY et al., Defendants — (THE DEPARTMENT OF PUBLIC AID, Intervenor-Appellant.)

Appellate Court of Illinois — First District (1st Division).

May 7, 1973.

Attorney(s) appearing for the Case

William J. Scott, Attorney General, of Chicago, (Warren K. Smoot and John D. Whitenack, Assistant Attorneys General, of counsel,) for appellant.

Richard G. Finn and Thomas R. Challos, Jr., both of Finn and LeSueur, of Chicago, for appellees.

William P. Tuggle, of Chicago, amicus curiae.

Reversed and remanded.

Mr. JUSTICE GOLDBERG delivered the opinion of the court:

Harold Johnson, a minor (plaintiff), acting by his mother, brought suit for personal injuries against Chicago & Western Indiana Railroad Company. The parties settled their claim for $74,000 which was in the process of distribution by order of the circuit court. The Illinois Department of Public Aid (petitioner), acting by the Attorney General of Illinois, served notice upon...

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