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WRIGHT v. CITY OF DANVILLE

No. 4-94-0073.

642 N.E.2d 143 (1994)

267 Ill. App.3d 375

204 Ill.Dec. 681

Wendell WRIGHT, Ernie A. Cox, Jerome D. Brown, Raymond T. Randall, and Kevin Scharlau, as Independent Executor of the Estate of Wilbur Scharlau, Deceased, Plaintiffs-Appellants, v. CITY OF DANVILLE, Illinois, a municipal corporation, Defendant-Appellee.

Appellate Court of Illinois, Fourth District.

October 20, 1994.

Attorney(s) appearing for the Case

Everett L. Laury and Gregory G. Lietz (argued), Hutton, Laury, Hesser, Lietz & Wilcox, Danville, for appellant.

Craig H. DeArmond (argued), Kurth, Wolgamot & DeArmond, Danville, for appellee.

Justice COOK delivered the opinion of the court:

Plaintiffs, former commissioners and corporation counsel of the City of Danville (City) (referred to herein as the Commissioners), filed a complaint seeking indemnity from the City for attorney fees and litigation expenses incurred in defending a criminal prosecution. The trial court dismissed the complaint under sections 2-615 and 2-619 of the Code of Civil Procedure (Code) (Ill.Rev.Stat.1991, ch. 110, pars. 2-615...

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