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BURLINGTON NORTH. R.R. v. ILL. EMCASCO INS.

No. 86-0950.

158 Ill. App.3d 783 (1987)

511 N.E.2d 776

BURLINGTON NORTHERN RAILROAD COMPANY et al., Plaintiffs-Appellants, v. ILLINOIS EMCASCO INSURANCE COMPANY, Defendant-Appellee.

Appellate Court of Illinois — First District (5th Division).

Modified on denial of rehearing August 21, 1987.

Attorney(s) appearing for the Case

John Newell, Kenneth J. Wysoglad, and Michael L. Sazdanoff, all of Burlington Northern Railroad Company, of Naperville, for appellants.

James K. Horstman, Barry L. Kroll, John D. Daniels, and Lloyd E. Williams, Jr., all of Chicago (Williams & Montgomery, Ltd., of counsel), for appellee.

Reversed and remanded.

JUSTICE MURRAY delivered the opinion of the court:

Plaintiffs, Burlington Northern Railroad Company (Burlington), Donald R. McCrystal, and Robert R. Conway, appeal from the trial court's order in a declaratory judgment action granting defendant Illinois Emcasco Insurance Company's (Emcasco's) motion for judgment on the pleadings and denying plaintiffs' summary judgment motion. The trial court specifically found that Emcasco had no duty...

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