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NAT'L BANK v. NORFOLK & WESTERN RY. CO.

No. 49422.

73 Ill.2d 160 (1978)

383 N.E.2d 919

THE NATIONAL BANK OF BLOOMINGTON, Adm'r, et al., Appellees, v. NORFOLK & WESTERN RAILWAY COMPANY et al., Appellants.

Supreme Court of Illinois.

Rehearing denied December 1, 1978.

Attorney(s) appearing for the Case

Costigan & Wollrab, of Bloomington, for appellants.

Jerome Mirza, of Bloomington, for appellees.

Leonard M. Ring, of Chicago, for amicus curiae Illinois Trial Lawyers Association.

Francis D. Morrissey and Edward J. Zulkey, of Baker & McKenzie, of Chicago, for amici curiae Atchison, Topeka & Santa Fe Ry. Co. et al.

Affirmed and remanded.

MR. JUSTICE MORAN delivered the opinion of the court:

On January 5, 1970, in Bloomington, an auto operated by the decedent, Ray Weldon Groves, was struck by a freight train operated by Norfolk & Western Railway Company. Groves died seven days later as a result of the collision. While a four-count amended complaint was filed in the circuit court of McLean County, against additional defendants, we are here concerned only with counts...

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