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ESTATE OF HERINGTON v. COUNTY OF WOODFORD

No. 4-93-0190.

620 N.E.2d 463 (1993)

250 Ill. App.3d 870

189 Ill.Dec. 495

ESTATE OF Ken HERINGTON, Monte Winkler, Jerry Tomlinson, Scott Ireland and Mark Jay for the Use and Benefit of United States Fidelity and Guaranty Company, Plaintiffs-Appellants, v. The COUNTY OF WOODFORD, Defendant-Appellee.

Appellate Court of Illinois, Fourth District.

Decided September 9, 1993.

Rehearing Denied October 19, 1993.

Attorney(s) appearing for the Case

Joseph J. Bembenek (argued), Quinn, Johnston, Henderson & Pretorius, Peoria, for plaintiffs-appellants.

William A. Allison, Allison & Kelly, Bloomington, for defendant-appellee.

Justice McCULLOUGH delivered the opinion of the court:

Plaintiffs filed suit for the use and benefit of United States Fidelity and Guaranty Company (USF & G) to recover sums paid by it under the Illinois Workers' Compensation Act (Act) (Ill.Rev.Stat. 1991, ch. 48, par. 138.1 et seq.) for death benefits and funeral expenses. The circuit court granted defendant's motion to dismiss (Ill.Rev.Stat. 1991, ch. 110, par. 2-619) finding plaintiffs' suit was time...

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