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SCHOLTENS v. SCHNEIDER

No. 1-92-3160.

653 N.E.2d 775 (1995)

274 Ill.App.3d 102

210 Ill.Dec. 580

Randy SCHOLTENS, Plaintiff, v. Jeffrey SCHNEIDER et al., Defendants (Electrical Insurance Trustees, Respondent-Appellant).

Appellate Court of Illinois, First District, First Division.

As Modified on Denial of Rehearing August 14, 1995.

Attorney(s) appearing for the Case

Edwin H. Conger, David R. Shannon, Chicago (Tenney & Bentley, of counsel), for appellant.

Michael D. Walsh; Gierach, Schussler, Walsh Ltd., Oak Lawn, for appellee.

MODIFIED ON DENIAL OF REHEARING

Justice BRADEN delivered the opinion of the court:

Respondent, Electrical Insurance Trustees, appeals from an order of the circuit court of Cook County adjudicating a subrogation lien. On appeal, respondent argues that the trial court erroneously applied the Illinois common fund doctrine as opposed to the doctrine of Federal preemption.

We affirm.

Petitioner, Randy Scholtens, participated in an employee benefit...

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