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WITHAM v. MOWERY

No. 4-87-0250.

161 Ill. App.3d 322 (1987)

514 N.E.2d 531

PORTER WITHAM, Plaintiff-Appellant, v. LARRY W. MOWERY, Defendant-Appellee.

Appellate Court of Illinois — Fourth District.

Opinion filed September 29, 1987.

Attorney(s) appearing for the Case

Tracy A. Smith, of Bloomington, for appellant.

Neil F. Hartigan, Attorney General, of Springfield (Roma Jones Stewart, Solicitor General, and Diane Curry-Grapsas, Assistant Attorney General, of Chicago, of counsel), for appellee.

Judgment reversed.

JUSTICE GREEN delivered the opinion of the court:

On January 27, 1984, plaintiff, Porter Witham, filed a complaint against defendant, Larry Mowery, in the circuit court of McLean County. The complaint alleged that, at a time when both plaintiff and defendant were employees of the Illinois Department of Transportation, "defendant did knowingly, intentionally, wilfully, maliciously and wrongfully...

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