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SMITHBERG v. ILLINOIS MUN. RETIREMENT FUND

No. 3-98-0983.

716 N.E.2d 316 (1999)

306 Ill. App.3d 1139

240 Ill.Dec. 183

Delores SMITHBERG, Plaintiff-Counterdefendant-Appellee, v. ILLINOIS MUNICIPAL RETIREMENT FUND, Defendant-Counterplaintiff-Counterdefendant (Nancy Smithberg, Counterdefendant-Counterplaintiff-Appellant.)

Appellate Court of Illinois, Third District.

Rehearing Denied September 15, 1999.

Attorney(s) appearing for the Case

Robert S. Krockey (argued), Scott Pyles, Block, Krockey, Cernugel & Cowgill, P.C., Joliet; David M. Jaffe, Jaffe, O'Connor, Cunnington, Burnett & Shapiro, Kankakee, for Nancy Smithberg.

Gwendolyn J. Sterk (argued), Goldstine, Skrodzki, Russian, Nemec & Hoff, Ltd., Burr Ridge, for Delores Smithberg.

Justice SLATER delivered the opinion of the court:

Delores Smithberg, the widow of James Smithberg, and Nancy Smithberg, James' first wife, each claim to be the rightful beneficiary of James' Illinois Municipal Retirement Fund (IMRF) pension death benefit. Delores filed a complaint against the IMRF seeking a declaratory judgment that she is the rightful beneficiary. IMRF interpleaded the death benefit between Delores and Nancy. On cross-motions for summary judgment...

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