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BURTON v. LEE

No. 12808.

43 Ill. App.3d 305 (1976)

356 N.E.2d 1310

DELORES BURTON, Plaintiff-Appellee, v. ROBERT W. LEE, Defendant-Appellee. — (JONES BUICK-PONTIAC COMPANY, Defendant-Appellant.)

Appellate Court of Illinois — Fourth District.

Opinion filed November 5, 1976.

Attorney(s) appearing for the Case

Gomien & Glennon, Ltd., of Dwight (Roger B. Gomien, of counsel), for appellant.

Thomson, Thomson, Zanoni & Flynn, of Bloomington (Alan I. Weintraub, of counsel), for appellee Delores Burton.

Thompson & Strong, of Pontiac (Kenneth L. Strong, of counsel), for appellee Economy Fire and Casualty Company.

Costigan, Wollrab, Fraker, Wochner & Neirynck, of Bloomington, for appellees Robert W. Lee and State Farm Mutual Automobile Insurance Company.

Reversed and remanded.

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

Plaintiff Burton, sued Lee and Jones Buick for personal injuries sustained when struck by an automobile driven by Lee and owned by Jones Buick. Following the filing of an amended complaint, Jones Buick made demand that Burton admit as facts that Lee was operating the automobile of Jones without the permission, knowledge or authority of Jones and that Lee was operating the...

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