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HECK v. CILCORP, INC.

No. 4-91-0430.

584 N.E.2d 826 (1991)

223 Ill. App.3d 301

165 Ill.Dec. 392

Richard HECK and Dennis Roberts, Plaintiffs-Appellees, v. CILCORP, INC., a Corporation, Defendant (Central Illinois Light Company, a Corporation; Donald M. Koch, doing business as Koch Trucking; and Randy Koch, Defendants-Appellants).

Appellate Court of Illinois, Fourth District.

December 13, 1991.

Attorney(s) appearing for the Case

Burroughs, Simpson, Hepler, Broom & MacDonald, Edwardsville, Gordon R. Broom, J. Todd Hayes, for defendants-appellants.

W. Loren Thomson, Thomson & Weintraub, Bloomington, for plaintiffs-appellees.

Justice STEIGMANN delivered the opinion of the court:

Defendants, Central Illinois Light Company (CILCO) and Donald Koch, d/b/a Koch Trucking, and Randy Koch, appeal from the granting of the motion of plaintiffs, Richard Heck and Dennis Roberts, to voluntarily dismiss this case. The issue we address is whether a defendant's filing of a counterclaim for contribution precludes a plaintiff from voluntarily dismissing his cause of action. We conclude that it does and...

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