NUSSBAUM TRUCKING CO. v. CONLEY

No. 4-92-0446.

602 N.E.2d 982 (1992)

236 Ill. App.3d 809

177 Ill.Dec. 87

NUSSBAUM TRUCKING COMPANY, a Corporation, Plaintiff-Appellee, v. Curtis CONLEY, Defendant-Appellant.

Appellate Court of Illinois, Fourth District.

November 5, 1992.


Attorney(s) appearing for the Case

Scheele, Cornelius & Harrison, Ltd., La-Grange (Stephen M. Cornelius, of counsel), for defendant-appellant.

Kehart, Shafter, Hughes & Webber, P.C., Decatur (Michael J. Kehart and Albert G. Webber, of counsel), for plaintiff-appellee.


Presiding Justice GREEN delivered the opinion of the court:

Defendant appeals from a declaratory judgment directing that his pending application for adjustment of claim before the Industrial Commission (Commission) be dismissed on the basis of res judicata. Defendant contends that the trial court abused its discretion in granting declaratory relief when plaintiff had not exhausted its administrative remedies. We agree and reverse.

In 1983, defendant...

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