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FRED OLSON MOTOR SERV. v. CONTAINER CORP.

No. 77-1504.

81 Ill. App.3d 825 (1980)

401 N.E.2d 1098

FRED OLSON MOTOR SERVICE et al., Plaintiffs-Appellees, v. CONTAINER CORPORATION OF AMERICA et al., Defendants-Appellants. — (CONTAINER CORPORATION OF AMERICA, Defendant and Counterplaintiff-Cross-Appellant, v. STOVER BROTHERS TRUCKING CO. et al., Defendants and Counterdefendants-Appellants — (STOVER BROTHERS TRUCKING CO., Counterplaintiff-Appellant, v. CONTAINER CORPORATION OF AMERICA, Counterdefendant-Cross-Appellant).) — (FEDERAL INSURANCE COMPANY, Plaintiff-Appellee, v. CONTAINER CORPORATION OF AMERICA et al., Defendants-Appellants.)

Appellate Court of Illinois — First District (3rd Division).

Rehearing denied March 20, 1980.

Attorney(s) appearing for the Case

Gates W. Clancy, of Geneva (James S. Mills, of counsel), for appellants Stover Brothers Trucking Co. and William D. Paulson.

Maddux, Johnson & Cusack, Ltd., of Chicago (Thomas H. Fegan, of counsel), for appellant Container Corporation of America.

James R. Quinn, of Chicago, for appellees Fred Olson Motor Service, Federal Insurance Co., and Royal Indemnity Insurance.

Affirmed in part, and reversed and remanded in part.

Mr. JUSTICE McNAMARA delivered the opinion of the court:

This consolidated action involves a suit by the subrogees of Fred Olson Motor Service against Stover Brothers Trucking Co., and its driver, William D. Paulson, and Container Corporation for damages to Olson's truck and cargo arising out of a three truck accident. Container filed a counterclaim against Stover-Paulson for damages to its vehicle and for...

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