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IN RE ESTATE OF SMITH

No. 3-89-0637.

201 Ill. App.3d 1005 (1990)

559 N.E.2d 571

In re ESTATE OF JOHN A. STERLING SMITH, Deceased (Gualandri and Company, Plaintiff-Appellant, v. Florence Martin Smith, Ex'r of the Estate of John A. Sterling Smith, Deceased, Defendant-Appellee).

Appellate Court of Illinois — Third District.

Rehearing denied September 25, 1990.

Attorney(s) appearing for the Case

Cusack & Fleming, P.C., of Peoria (Michael A. Fleming, of counsel), for appellant.

Baymiller, Christison & Radley, of Peoria (Carroll Baymiller, of counsel), for appellee.

Order vacated and cause remanded.

JUSTICE GORMAN delivered the opinion of the court:

The plaintiff, Gualandri & Company (claimant), recovered a judgment on its claim against the defendant, the estate of John A. Sterling Smith (estate), after a jury rendered a verdict in the claimant's favor. Subsequent to the entry of the judgment, the claimant filed a written motion seeking an award of attorney fees and other expenses of the lawsuit. After a hearing the...

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