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HOME INSURANCE CO. v. SHAW

No. 78-715.

69 Ill. App.3d 467 (1979)

388 N.E.2d 60

THE HOME INSURANCE COMPANY et al., Plaintiffs-Appellees, v. JACOB SHAW, Defendant and Third-Party Plaintiff-Appellant. — (CIGARETTE SERVICE CO., Third-Party Defendant-Appellee.)

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

Opinion filed February 26, 1979.

Attorney(s) appearing for the Case

Leon M. Despres and Albert Schwartz, both of Chicago, for appellant.

Maurice P. Raizes, Robert A. Sternberg, and Jay M. Mann, all of Cohon, Raizes & Regal, of Chicago, for appellees.

Reversed in part and remanded.

Mr. JUSTICE McGLOON delivered the opinion of the court:

This appeal arises out of an amended third-party complaint filed by Jacob Shaw, defendant and third-party plaintiff, against Cigarette Service Company, Shaw's former employer and third-party defendant, to recover overtime compensation allegedly due Shaw as an employee. The amended complaint consisted of two counts. Count I was based on the terms of a collective bargaining...

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