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ROYAL GLOBE INSURANCE CO. v. TUTT

No. 17232.

108 Ill. App.3d 69 (1982)

438 N.E.2d 943

ROYAL GLOBE INSURANCE COMPANY, Plaintiff-Appellant, v. JACK TUTT et al., Defendants-Appellees.

Appellate Court of Illinois — Fourth District.

Opinion filed July 22, 1982.

Attorney(s) appearing for the Case

Gary L. Borah, of Heyl, Royster, Voelker & Allen, of Springfield, for appellant.

Harlan Heller, Ltd., of Mattoon (M. John Hefner, Jr., of counsel), for appellees H.E. Kendall, Violet M. Kendall, and First National Bank of Sullivan.

Dove & Dove, of Shelbyville, for appellee Jack Tutt.

Reversed and remanded.

JUSTICE TRAPP delivered the opinion of the court:

Plaintiff, Royal Globe Insurance Company (Globe), appeals from the order of the circuit court filed in behalf of the Kendalls and the First National Bank of Sullivan (Bank), as trustee, which granted a motion to dismiss Globe's declaratory judgment. The finding of the trial court makes the order appealable. So far as the record shows, the complaint for declaratory judgment continues to...

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