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HICKS v. AETNA INSURANCE CO.

No. 80-151.

97 Ill. App.3d 828 (1981)

423 N.E.2d 584

JOE HICKS et al., Plaintiffs-Appellants, v. AETNA INSURANCE COMPANY, Defendant-Appellee.

Appellate Court of Illinois — Fifth District.

Opinion filed July 8, 1981.

Attorney(s) appearing for the Case

Edward J. Heller, of DeSoto, for appellants.

Charles R. Jelliffe, of Jelliffe & Ferrell, of Harrisburg, for appellee.

Judgment affirmed.

Mr. JUSTICE WELCH delivered the opinion of the court:

This case comes to this court following the dismissal of plaintiffs' complaint against defendant, Aetna Insurance Company. It presents the question of when a third person may maintain an action against an alleged surety on an alleged official bond. We hold that the plaintiffs have not shown that they are entitled to sue Aetna for the acts enumerated in their complaint, and that the trial...

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