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NAT'L BANK OF BLOOMINGTON v. CITY OF LEXINGTON

No. 4-85-0337.

138 Ill. App.3d 805 (1985)

486 N.E.2d 967

NATIONAL BANK OF BLOOMINGTON, Adm'r of the Estate of John Homan, Deceased, Plaintiff-Appellant, v. THE CITY OF LEXINGTON, Defendant-Appellee (Charles Lowery, Defendant).

Appellate Court of Illinois — Fourth District.

Rehearing denied January 9, 1986.

Attorney(s) appearing for the Case

Jerome Mirza & Associates, Ltd., of Bloomington, for appellant.

James T. Foley, of Livingston, Barger, Brandt & Schroeder, of Bloomington, for appellee.

Reversed and remanded.

JUSTICE TRAPP delivered the opinion of the court:

Plaintiff appeals from the order of the circuit court granting summary judgment to the defendant, city of Lexington, in an action for the wrongful death of John Homan. The trial court entered a finding pursuant to Supreme Court Rule 304(a) (103 Ill.2d R. 304(a)). The action pends in the trial court as to another defendant.

The cause of action upon appeal alleges that the city...

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