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PACE COMMUNICATIONS v. EXPRESS PRODUCTS

No. 2-10-0743.

945 N.E.2d 1217 (2011)

PACE COMMUNICATIONS SERVICES CORPORATION and Tunica Pharmacy, Inc., Individually and as the Representatives a Class of Similarly Situated Persons, Plaintiffs and Citation Petitioners-Appellees, v. EXPRESS PRODUCTS, INC., Defendant. (Cumberland Mutual Fire Insurance Company, Citation Respondent-Appellant).

Appellate Court of Illinois, Second District.

Rehearing Denied April 27, 2011.

Attorney(s) appearing for the Case

Stephen A. Rehfeldt , James P. Moran , Mulherin, Rehfeldt & Varchetto, P.C., Wheaton, for Cumberland Mutual Fire Insurance Company.

Brian J. Wanca , David M. Oppenheim , Anderson & Wanca, Rolling Meadows , Phillip A. Bock , Bock & Hatch, LLC, Chicago, for Pace Communications Services Corp.

Kevin Campbell , LaBarge, Campbell & Lyon, LLC, Eric L. Samore , Smith Amundsen LLC, Chicago, for Express Products, Inc.

OPINION

Justice BOWMAN delivered the judgment of the court, with opinion.

The circuit court of Lake County entered an agreed order between plaintiffs, Pace Communications Services Corporation and Tunica Pharmacy, Inc., and defendant, Express Products, Inc., providing for a monetary judgment against defendant that could be satisfied only through the collection of the proceeds of any applicable liability insurance policy. Plaintiffs then issued a citation...

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