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HEMAN v. JEFFERSON

No. 4-84-0862.

136 Ill. App.3d 745 (1985)

483 N.E.2d 537

JANE S. HEMAN, Plaintiff-Appellee, v. MARY ANNA JEFFERSON, a/k/a Mary Ann Jefferson, et al., Defendants-Appellants.

Appellate Court of Illinois — Fourth District.

Rehearing denied October 18, 1985.

Attorney(s) appearing for the Case

Thomas J. Logue, of Glenn & Logue, of Mattoon, for appellant John H. Ryan.

Ward E. Dillavou, of Dillavou, Overaker & Smith, of Paris, for other appellants.

William F. Meehling, of Meehling, Rich & Bernardoni, of Marshall, for appellee.

Reversed and remanded.

JUSTICE TRAPP delivered the opinion of the court:

• 1 This is the second time this cause appears in the appellate court. Plaintiff seeks cancellation of an oil and gas lease. We reverse and remand, finding that plaintiff was not entitled to summary judgment. A default judgment entered against one set of defendants may not be used as an admission of a disputed evidentiary matter by the nondefaulting defendants. Plaintiff's summary...

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