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WHEELER v. AETNA CASUALTY & SURETY CO.

No. 46008.

57 Ill.2d 184 (1974)

311 N.E.2d 134

E. TODD WHEELER et al., Appellants, v. THE AETNA CASUALTY AND SURETY COMPANY, Appellee.

Supreme Court of Illinois.

Rehearing denied May 31, 1974.

Attorney(s) appearing for the Case

Tom L. Yates, of Chicago (Frederic L. Goff, of counsel), for appellant.

Kirkland & Ellis, of Chicago (Gary M. Elden, Donald J. Duffy, Jack T. Riley and William H. Symmes, of counsel), for appellee.

Vacated and remanded.

MR. JUSTICE KLUCZYNSKI delivered the opinion of the court:

Plaintiffs, E. Todd Wheeler and the Perkins and Will Partnership, filed an action for a declaratory judgment in the circuit court of Cook County against Aetna Casualty and Surety Company (hereafter Aetna). The circuit court granted plaintiffs' motion for summary judgment but the appellate court reversed and remanded with directions to enter a declaratory judgment in favor of Aetna...

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