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DUKES v. J.I. CASE CO.

No. 4-88-0845.

186 Ill. App.3d 439 (1989)

542 N.E.2d 439

STEVEN DUKES, Plaintiff-Appellant, v. J.I. CASE COMPANY, Defendant and Third-Party Plaintiff (McCartin-McAuliffe Plumbing & Heating, Inc., Third-Party Defendant-Appellee).

Appellate Court of Illinois — Fourth District.

Opinion filed July 20, 1989.

Attorney(s) appearing for the Case

Phebus, Tummelson, Bryan & Knox, of Urbana (Joseph W. Phebus and Jeffrey W. Tock, of counsel), for appellant.

Craig J. Causeman, of Thomas, Mamer & Haughey, of Champaign, for appellee.

Order reversed.

PRESIDING JUSTICE McCULLOUGH delivered the opinion of the court:

Plaintiff Steven Dukes appeals the denial of his petition for declaratory judgment. In the petition, Dukes sought an order declaring that the defendant, McCartin-McAuliffe Plumbing & Heating, Inc. (McCartin), must pay 25% of the reimbursement received from Dukes pursuant to section 5(b) of the Workers' Compensation Act (Act...

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