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STEPHAN v. YELLOW CAB CO.

No. 60877.

30 Ill. App.3d 996 (1975)

333 N.E.2d 223

PHILLIP STEPHAN for the use of HOME INSURANCE COMPANY, Plaintiff-Appellant, v. YELLOW CAB COMPANY, Defendant-Appellee.

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

Rehearing denied September 10, 1975.

Attorney(s) appearing for the Case

Edwin M. Berman, of Berman and Newman, of Chicago, for appellant.

Jesmer and Harris, of Chicago (Julius Jesmer and Charles E. Tannen, of counsel), for appellee.

Reversed and remanded.

Mr. JUSTICE EGAN delivered the opinion of the court:

Phillip Stephan was involved in an automobile collision with a Yellow Cab being driven by Albert Weatherspoon on April 25, 1969. At the time, Stephan was insured with Home Insurance Company (Home); and on May 19, 1969, Home paid $2303.40 for the repair of the automobile.

On February 20, 1970, this suit for property damage was...

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