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MILES KIMBALL CO. v. ANDERSON

No. 83-1593.

128 Ill. App.3d 805 (1984)

471 N.E.2d 595

THE MILES KIMBALL COMPANY, Plaintiff-Appellant, v. HORACE ANDERSON et al., Defendants-Appellees.

Appellate Court of Illinois — First District (1st Division).

Opinion filed November 13, 1984.

Attorney(s) appearing for the Case

Don H. Reuben, Samuel Fifer, and Daniel A. Edelman, all of Reuben & Proctor, of Chicago, for appellant.

No brief filed for appellees.

Reversed and remanded.

JUSTICE McGLOON delivered the opinion of the court:

Plaintiff, Miles Kimball Company, appeals the dismissal of its complaint for declaratory judgment against Horace Anderson (defendant) and the Giftcraft Co. On appeal, plaintiff argues: (1) the trial court erred in dismissing plaintiff's complaint sua sponte holding it sought an advisory opinion; and (2) plaintiff is entitled to judgment as a matter of law.

We reverse...

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