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McHENRY SAND & GRAVEL, INC. v. RUECK

No. 74-193.

28 Ill. App.3d 460 (1975)

328 N.E.2d 679

McHENRY SAND AND GRAVEL, INC., et al., Plaintiffs and Counterdefendants-Appellees, v. ALEXANDER RUECK, Defendant and Counterplaintiff-Appellant.

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

May 16, 1975.

Attorney(s) appearing for the Case

Arthur Charles Holt, of Waukegan, for appellant.

Sullivan & Smith, of Waukegan (Robert J. Hauser, of counsel), for appellees.

Reversed and remanded.

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

Alexander Rueck, the counterplaintiff, appeals from a summary judgment which dismissed his countercomplaint in an action arising from an intersectional motor vehicle collision. The court found that Rueck's contributory negligence appeared from the pleadings as a matter of law.

The counterdefendants' motion for...

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