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EMBREE v. DeKALB FORGE CO.

Gen. No. 11,899.

49 Ill. App.2d 85 (1964)

199 N.E.2d 250

Mattie W. Embree, as Administrator of the Estate of Waite W. Embree, Deceased, and Mattie W. Embree, as an Individual, Plaintiff-Appellee, v. DeKalb Forge Company, a Corporation, et al., Defendant and Counter-Plaintiff-Appellant.

Appellate Court of Illinois — Second District.

June 1, 1964.

Attorney(s) appearing for the Case

Lloyd J. Tyler, Jr., of Aurora, and Boyle & Cordes, of DeKalb (Lloyd J. Tyler, Jr., John G. Boyle, and Gary Cordes, of counsel), for appellant, DeKalb Forge Co.

Maynard and Maynard, of Rockford (James F. Maynard, of counsel), for appellee, James Gormley. Peter Fitzpatrick, of Chicago, and George W. Spitz, of DeKalb, for appellee, Mattie W. Embree.

CARROLL, J.

Mattie W. Embree brought suit against James D. Gormley for damages resulting from the death of her husband, Waite W. Embree, alleged to have been caused by Gormley's negligence. DeKalb Forge Company was later joined as a defendant and an amended complaint charging that DeKalb Forge was negligent "by its agent and employee, James Gormley" was filed.

DeKalb Forge thereafter filed a counterclaim against its employee, Gormley. By its counterclaim,...

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