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MARYLAND CASUALTY CO. v. PEPPERS

No. 73-141.

29 Ill. App.3d 26 (1975)

329 N.E.2d 788

MARYLAND CASUALTY COMPANY, Plaintiffs-Appellees, v. ROBERT M. PEPPERS et al., Defendants and Counterplaintiffs-Appellants. — (JAMES W. MIMS, Defendant-Appellant, ST. PAUL FIRE AND MARINE INSURANCE COMPANY, Counterdefendants-Appellees.)

Appellate Court of Illinois — Fifth District.

June 10, 1975.

Attorney(s) appearing for the Case

Sprague, Sprague & Ysursa, of Belleville (Bernard J. Ysursa, of counsel), for appellants Robert M. Peppers and James W. Mims.

Cornelius Thomas Ducey, Jr., of Ducey and Feder, Ltd., of Belleville, for appellee St. Paul Fire and Marine Insurance Co.

John F. O'Connell, of O'Connell & Waller, of Belleville, for appellee Maryland Casualty Co.

Affirmed as modified.

Mr. JUSTICE CREBS delivered the opinion of the court:

Maryland Casualty Company filed a complaint for declaratory judgment in the Circuit Court of St. Clair County requesting the court to construe the liability insurance policy purchased by Peppers from Maryland Casualty. Maryland Casualty disclaimed liability under the policy. The defendants to this action were Peppers and Mims. Later Peppers...

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