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BAILEY v. STATE FARM FIRE & CASUALTY CO.

No. 5-84-0524.

137 Ill. App.3d 155 (1985)

484 N.E.2d 522

GRACE S. BAILEY, Indiv. and as Ex'x of the Estate of Weldon J. Bailey, Deceased, Plaintiff-Appellee and Cross-Appellant, v. STATE FARM FIRE & CASUALTY COMPANY, Defendant-Appellant and Cross-Appellee.

Appellate Court of Illinois — Fifth District.

Opinion filed October 10, 1985.

Attorney(s) appearing for the Case

Stephen W. Thomson, of Reed, Armstrong, Gorman & Coffey, of Edwardsville, for appellant.

Evan A. Strawn, of Bloomington, for appellee.

Order affirmed.

JUSTICE HARRISON delivered the opinion of the court:

Defendant, State Farm Fire & Casualty Company, appeals from an order of the circuit court of Madison County granting plaintiff's motion for voluntary dismissal of a declaratory judgment action and denying defendant's motion to dismiss the cause with prejudice. Defendant alleges plaintiff was not entitled to a voluntary dismissal as a matter of right, and that the court should have dismissed...

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