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SEGERS v. INDUSTRIAL COM'N

No. 5-98-0208.

711 N.E.2d 450 (1999)

304 Ill. App.3d 1060

238 Ill.Dec. 347

Eva SEGERS, Surviving Widow of Elmer Segers, Plaintiff-Appellant, v. The INDUSTRIAL COMMISSION, Old Ben Coal Company, and Patrick Quinn, The Treasurer of the State of Illinois, as Ex-Officio Custodian of the Rate Adjustment Fund, Defendants-Appellees.

Appellate Court of Illinois, Fifth District.

May 19, 1999.

Attorney(s) appearing for the Case

Harold B. Culley, Jr., Culley & Wissore, Raleigh, for Appellant.

L. Robert Mueller, Livingstone, Mueller, O'Brien and Davlin, for P.C., Springfield, for Old Ben Coal Company.

James E. Ryan, Attorney General, Barbara A. Preiner, Solicitor General, Paul Racette, Assistant Attorney General, Chicago, for Industrial Commission and the Treasurer of the State of Illinois.

Justice WELCH delivered the opinion of the court:

Plaintiff Eva Segers appeals from an order by the circuit court of Franklin County that denied her motion for summary judgment and granted a motion for summary judgment filed by defendant Old Ben Coal Company (Old Ben). The circuit court ruled, inter alia, that a lump-sum-settlement agreement entered into between Elmer Segers, plaintiff's late husband, and Old Ben was a lump-sum-settlement agreement as contemplated...

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