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MESEROLE v. LEE C. MOORE CORP.

No. 5-85-0708.

151 Ill. App.3d 736 (1986)

502 N.E.2d 1230

FAYE MESEROLE, Special Adm'r of the Estate of David Meserole, Deceased, Plaintiff, v. LEE C. MOORE CORPORATION, Defendant (Lloyd Schoenheit Truck and Tractor Service, Third-Party Plaintiff-Appellant; Southern Triangle Oil Company, Third-Party Defendant-Appellee).

Appellate Court of Illinois — Fifth District.

Opinion filed December 30, 1986.

Attorney(s) appearing for the Case

John L. McMullin and Daniel J. Kordik, both of Brown, James & Rabbitt, P.C., of St. Louis, Missouri, for appellant.

Williams & Montgomery, Ltd., of Chicago (James K. Horstman, Anthony P. Katauskas, and Lloyd E. Williams, Jr., of counsel), for appellee.

Reversed and remanded.

JUSTICE HARRISON delivered the opinion of the court:

Third-party plaintiff, Lloyd Schoenheit Truck and Tractor Service (Schoenheit), appeals from an order of the circuit court of St. Clair County which held that Schoenheit had, with court approval and without objection by third-party defendant, Southern Triangle Oil Company (Southern Triangle), voluntarily dismissed its third-party action with prejudice. We reverse and remand with directions...

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