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HITT v. STEPHENS

No. 4-96-0156.

675 N.E.2d 275 (1997)

285 Ill. App.3d 713

221 Ill.Dec. 368

Robert B. HITT, Jr., Judith H. Welborn, Charlotte Patterson and Katharine Buckner, Plaintiffs-Appellants, v. Harvey B. STEPHENS, Partner, and Brown, Hay and Stephens, a Partnership, Defendants-Appellees.

Appellate Court of Illinois, Fourth District.

Decided January 3, 1997.

Attorney(s) appearing for the Case

Walker R. Filbert (argued), Thomas W. Kelty, Pfeifer & Kelty, P.C., Springfield, for Robert B. Hitt, Jr., Judith H. Welborn, Charlotte Patterson and Katharine Buckner.

Karen L. Kendall (argued), Steven C. Rahn, Adrian E. Harless, Heyl, Royster, Voelker & Allen, Springfield, for Harvey B. Stephens and Brown, Hay and Stephens.

Justice GARMAN delivered the opinion of the court:

Several relatives of J. Brown Hitt and Gladys Hitt, both deceased, have brought this replevin action to recover decedents' estate files from their law firm. The circuit court of Sangamon County granted summary judgment to defendants on the basis that (1) the action was untimely, and (2) the files were protected by the attorney-client privilege. While we find the action was timely, we agree that the attorney-client...

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