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REED v. FLEMING

No. 3-84-0258.

132 Ill. App.3d 722 (1985)

477 N.E.2d 733

REBECCA MARIE REED, Adm'x of the Estate of John Alan Reed, Deceased, Plaintiff-Appellant, v. WILBUR WALLACE FLEMING, d/b/a Butler's Supper Club, Defendant and Third-Party Plaintiff-Appellee (Lyle Mahr et al., Third-Party Defendants).

Appellate Court of Illinois — Third District.

Opinion filed April 25, 1985.

Attorney(s) appearing for the Case

William C. Davis, Jr., of Lewistown, for appellant.

Roger R. Clayton and Nicholas J. Bertschy, both of Heyl, Royster, Voelker & Allen, of Peoria, for appellee.

Reversed and remanded.

JUSTICE BARRY delivered the opinion of the court:

This suit was brought under the Liquor Control Act (Ill. Rev. Stat. 1981, ch. 43, par. 135) by Rebecca Marie Reed, widow of John Alan Reed. John was killed as a result of a one-car accident in Fulton County. A motion for summary judgment by defendant Wilbur Wallace Fleming was initially denied, but on reconsideration the motion was granted on the ground that plaintiff failed to produce...

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