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WILLIAM AUPPERLE & SONS, INC. v. AMERICAN INDEMNITY CO.

No. 79-66.

75 Ill. App.3d 722 (1979)

394 N.E.2d 725

WILLIAM AUPPERLE & SONS, INC., Plaintiff-Appellant, v. AMERICAN INDEMNITY COMPANY, Defendant-Appellee.

Appellate Court of Illinois — Third District.

Opinion filed August 27, 1979.

Attorney(s) appearing for the Case

Charles W. Kohr, of Mathis, Sloan, Littler & Kohr, of Peoria, and Wanless, P.C., of Morton, for appellant.

William J. Hacker, of Gilmartin, Wisner & Hallenbeck, Ltd., of Chicago, for appellee.

Affirmed in part, reversed in part and remanded.

Mr. JUSTICE SCOTT delivered the opinion of the court:

This appeal arises out of a decision by the circuit court of Peoria County granting defendant American Indemnity Company's motion to dismiss under section 48(1)(i) of the Illinois Civil Practice Act. The plaintiff, William Aupperle & Sons, Inc., argues before this court that the circuit court erred in allowing the motion to dismiss and further seeks relief...

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