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MILLER v. NORFOLK & WESTERN RY. CO.

No. 4-88-0805.

183 Ill. App.3d 261 (1989)

538 N.E.2d 1293

WILLIAM F. MILLER, Plaintiff-Appellant, v. NORFOLK & WESTERN RAILWAY COMPANY, Defendant and Third-Party Plaintiff-Appellee (The Village of Forrest, Defendant-Appellee).

Appellate Court of Illinois — Fourth District.

Opinion filed May 11, 1989.

Attorney(s) appearing for the Case

Gordon M. Kinate, of Kinate & Morgan, of Fairbury, and Wayne O. Smith, of Dilks, Rodeen & Gibson, Ltd., of Paxton, for appellant.

Robert P. Follmer, of Pontiac, for appellee Norfolk & Western Railway Company.

Order reversed.

PRESIDING JUSTICE McCULLOUGH delivered the opinion of the court:

This is an interlocutory appeal by plaintiff William F. Miller, pursuant to Supreme Court Rule 308. (107 Ill.2d R. 308.) The issues certified on appeal are: (1) whether the Village of Forrest (Village), a municipal corporation, may waive any conflicts of interest in this case; and (2) whether counsel for the plaintiff, Kinate & Morgan, are disqualified from representing the...

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