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HERSHBERGER v. HOME TRANSPORT CO.

No. 81-329.

103 Ill. App.3d 348 (1982)

431 N.E.2d 72

ELMER HERSHBERGER, Plaintiff-Appellant, v. HOME TRANSPORT COMPANY, Defendant-Appellee. — (CARL RAY et al., Defendants.)

Appellate Court of Illinois — Second District.

Opinion filed January 22, 1982.

Attorney(s) appearing for the Case

Larry M. Amoni, of Dickinson and Amoni, of Aurora, for appellant.

Peter K. Wilson, Jr., of Puckett, Barnett, Larson, Mickey, Wilson and Ochsenschlager, of Aurora, for appellee.

Order affirmed.

JUSTICE VAN DEUSEN delivered the opinion of the court:

Plaintiff, Elmer Hershberger, appeals from the dismissal, for failure to state a cause of action, of count III of his amended complaint against the defendant, Home Transport Company (Home).

Count III of the amended complaint alleged, in substance, that on February 18, 1978, Home was a common carrier by motor vehicle; that Home, under authority from the Interstate Commerce Commission...

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