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KELLER v. KELLEY

No. 81-543.

110 Ill. App.3d 777 (1982)

443 N.E.2d 7

MICHAEL KELLER et al., Plaintiff-Appellant, v. MICKEY KELLEY, Treasurer of the County of Union, Defendant-Appellee.

Appellate Court of Illinois — Fifth District.

Opinion filed December 2, 1982.

Attorney(s) appearing for the Case

John Womick, of Carbondale, for appellants.

Rodney A. Clutts, State's Attorney, of Jonesboro, for appellee.

Reversed and remanded.

JUSTICE KASSERMAN delivered the opinion of the court:

On July 21, 1980, plaintiffs, Michael Keller and Anna Grain Elevator, Inc., instituted a mandamus action to compel defendant, Mickey Kelley, the treasurer of Union County, to issue a certificate pursuant to section 397.1 of the Illinois Insurance Code (Ill. Rev. Stat. 1979, ch. 73, par. 1009.1).

Plaintiffs alleged that they leased from Illinois Central Gulf Railroad...

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