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IN RE ESTATE OF KING

No. 2-98-0707.

710 N.E.2d 1249 (1999)

304 Ill. App.3d 479

238 Ill.Dec. 147

In re ESTATE OF Kenneth Dale KING, Deceased (Lyon Metal Products, Inc., Petitioner-Appellant, v. Luther King, Adm'r, et al., Respondents-Appellees).

Appellate Court of Illinois, Second District.

Rehearing Denied June 10, 1999.

Attorney(s) appearing for the Case

Patrick M. Kinnally, Matthew J. Herman, Murphy, Hupp, Foote, Mielke & Kinnally, Aurora, for Lyon Metal Products, L.L.C.

William T. King, Jr., Aurora, for Estate of Kenneth Dale King, Luther King, Verma King.

Justice RAPP delivered the opinion of the court:

Petitioner, Lyon Metal Products, Inc. (Lyon Metal), appeals from the decision rendered by the trial court finding that Kenneth Dale King died on January 13, 1988. The issue presented to this court is what is considered to be the date of death for a person who has disappeared.

Kenneth Dale King was once a Lyon Metal employee. While employed at Lyon Metal, he participated in an employee benefits plan administered...

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