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O'HARA v. STATE FARM MUT. AUTO. INS. CO.

No. 84-0798.

137 Ill. App.3d 131 (1985)

484 N.E.2d 834

MAURA C. O'HARA et al., Plaintiffs-Appellants, v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY et al., Defendants-Appellees.

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

Opinion filed September 30, 1985.

Attorney(s) appearing for the Case

Walsh, Case, Coale, Brown & Burke, of Chicago (John J. Foley, of counsel), for appellants.

Taylor, Miller, Magner, Sprowl & Hutchings, of Chicago, for appellees.

Appeal dismissed.

JUSTICE CAMPBELL delivered the opinion of the court:

Plaintiffs, Maura C. O'Hara and Mary Mitchell, brought a declaratory judgment action against defendant, State Farm Insurance Company, seeking a declaration that a conflict of interest existed between plaintiffs and defendant in an underlying tort action. On defendant's motion, the trial court dismissed plaintiffs' complaint "without prejudice" for failure to state a cause of action. Plaintiffs...

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