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KREN v. PAYNE

No. 15744.

81 Ill. App.3d 283 (1980)

401 N.E.2d 19

DONALD LEE KREN, Plaintiff-Appellant, v. THOMAS A. PAYNE, Defendant-Appellee. — (AETNA CASUALTY & SURETY COMPANY, Intervenor-Appellee.)

Appellate Court of Illinois — Fourth District.

Rehearing denied March 25, 1980.

Attorney(s) appearing for the Case

Timothy D. Sturm, of Springfield, for appellant.

William K. Cavanagh, of Springfield, for appellee Thomas A. Payne.

Edward F. Casey, of Casey & Casey, of Springfield, for appellee Aetna Casualty & Surety Company.

Judgment affirmed.

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

Defendant demanded jury.

Plaintiff did not.

Defendant withdrew on eve of trial.

Plaintiff belatedly moved for jury trial.

Court denied.

We affirm.

Plaintiff Kren was employed as an operating engineer at the site of a new treatment plant being built in Springfield. At 4 p.m. on a...

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