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SMITH v. INTERSTATE FIRE & CASUALTY CO.

No. 76-286.

47 Ill. App.3d 555 (1977)

362 N.E.2d 38

JANICE K. SMITH, Adm'rx of the Estate of Gary Richard Smith, Deceased, Plaintiff-Counterdefendant, v. INTERSTATE FIRE & CASUALTY COMPANY et al., Defendants-Counterplaintiffs and Third-Party Plaintiffs. — (BILL ATOR, Indiv. and d/b/a King Insurance Agency, Third-Party Defendant-Appellee; INTERSTATE FIRE & CASUALTY COMPANY, Third-Party Plaintiff-Appellant; JANICE K. SMITH, Adm'rx of the Estate of Gary R. Smith, et al., Third-Party Defendants-Appellees.)

Appellate Court of Illinois — Fifth District.

Opinion filed April 6, 1977.

Attorney(s) appearing for the Case

Lord, Bissell & Brook, of Chicago, and Wham & Wham, of Centralia (Richard E. Mueller, Don W. Fowler, and Hugh C. Griffin, of counsel), for appellant Interstate Fire and Casualty Company and Interstate National Corporation.

Robert W. Wilson, of Burroughs, Simpson, Wilson, Hepler & Broom, of Edwardsville, for appellee Bill Ator.

Warren & Mehochko, of Carlyle, for appellee Janice K. Smith.

Owen, Roberts, Susler & Taylor, of Decatur, for appellees George C. Hills, Jr., and Maurice Levesque.

Orders affirmed.

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

Interstate Fire & Casualty Company, defendant, counterplaintiff, and third party plaintiff-appellant (hereinafter "Interstate"), seeks review of three adverse orders of the trial court: striking an affirmative defense to a claim by plaintiff; dismissing Interstate's counterclaim against plaintiff; and dismissing three other persons involved in this suit. The first two rulings...

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