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PATTON v. T.O.F.C., INC.

No. 78-1936.

79 Ill. App.3d 94 (1979)

398 N.E.2d 313

THOMAS F. PATTON et al., Trustees, Plaintiffs-Appellants, v. T.O.F.C., INC., Defendant-Appellee.

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

Opinion filed December 10, 1979.

Attorney(s) appearing for the Case

Frederic O. Floberg and William D. Serritella, both of Chicago (Ross, Hardies, O'Keefe, Babcock & Parsons, of counsel), for appellants.

Hinshaw, Culbertson, Moelmann, Hoban & Fuller, of Chicago (D. Kendall Griffith and William G. Swindal, of counsel), for appellee.

Reversed and remanded.

Mr. JUSTICE O'CONNOR delivered the opinion of the court:

Plaintiffs, Thomas F. Patton and Ralph S. Tyler, Jr., trustees of the estate of the Erie Lackawanna Railway Company (Erie), filed a complaint for declaratory judgment against defendant, T.O.F.C., Inc., asking a declaration that defendant was contractually required to defend and indemnify Erie in a personal injury action which an employee of defendant had brought against Erie. This...

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