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  5. 566 N.E.2d 337 (1990)
 

HERTZ CORP. v. GARROTT

Nos. 1-90-1045, 1-90-1107.

566 N.E.2d 337 (1990)

207 Ill. App.3d 644

152 Ill.Dec. 650

The HERTZ CORPORATION, Plaintiff-Appellant, v. Rodney L. GARROTT, Angelique P. Garrott, Joseph Ferraro, Anita Whitehead, Folarin Gboyega, Yellow Cab Company, Sharon Lampkin, and Luigi Serra, Defendants-Appellees, The HERTZ CORPORATION, Plaintiff-Appellee, v. Joseph FERRARO and Anita Whitehead, Defendants-Appellants.

Appellate Court of Illinois, First District, Fifth Division.

December 14, 1990.

Attorney(s) appearing for the Case

Wildman, Harrold, Allen & Dixon, Kevin T. Martin, Ruth E. VanDemark, Anthony G. Hopp, of counsel, Chicago, for The Hertz Corp. as appellant and appellee.

Walwyn M. Trezise, Chicago (Charles R. Weaver, Jr., Lindquist & Vennum, Minneapolis, Minn., of counsel), for defendants-appellees, Joseph Ferraro and Anita Whitehead.

Sidney Novit & Associates, Ltd., Kent Novit, of counsel, Chicago, for defendant-appellee, Folarin J. Gboyega.

Justice MURRAY delivered the opinion of the court:

Both the plaintiff, the Hertz Corporation (Hertz), and defendants, Joseph Ferraro (Ferraro) and Anita Whitehead (Whitehead), appeal from a final order of the circuit court of Cook County in a complaint for declaratory judgment that had been filed by Hertz. For reasons that we shall discuss, we reverse the order of the trial court and remand for further proceedings.

On November 18, 1988, Hertz filed a complaint...

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