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PEARSON BROTHERS CO. v. ALLEN

No. 4-84-0680.

131 Ill. App.3d 699 (1985)

476 N.E.2d 73

PEARSON BROTHERS COMPANY, INC., Third-Party Plaintiff-Appellant, v. STEPHEN ALLEN, Third-Party Defendant-Appellee (VCV Engineering & Supply, Inc., Third-Party Plaintiff).

Appellate Court of Illinois — Fourth District.

Opinion filed March 21, 1985.

Attorney(s) appearing for the Case

Heyl, Royster, Voelker & Allen, of Springfield (Gary L. Borah, of counsel), for appellant.

James J. Elson, Chartered, of Canton (James J. Elson and Walter D. Barra, of counsel), for appellee.

Judgment affirmed.

PRESIDING JUSTICE GREEN delivered the opinion of the court:

This case concerns the application of section 2(e) of "An Act in relation to contribution among joint tortfeasors" (the Act). It states:

"A tortfeasor who settles with a claimant pursuant to paragraph (c) is not entitled to recover contribution from another tortfeasor whose liability is not extinguished by the settlement." (Ill. Rev. Stat. 1983, ch. 70, par. 302(e).)

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