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McFADYEN v. NORTH RIVER INS. CO.

Gen. No. 65-17.

62 Ill. App.2d 164 (1965)

209 N.E.2d 833

Donald J. McFadyen and Marguerite P. McFadyen, Plaintiffs-Appellees, v. North River Insurance Company, an Insurance Corporation, Defendant-Appellant. North River Insurance Company, an Insurance Corporation, Counter-Plaintiff-Appellant, v. Donald J. McFadyen and Marguerite P. McFadyen, Counter-Defendants-Appellees.

Appellate Court of Illinois — Second District.

August 31, 1965.

Attorney(s) appearing for the Case

Thomas and Kostantacos, of Rockford (Peter C. Kostantacos and Kenneth W. Traum, of counsel), for defendant-counter-plaintiff-appellant.

Canfield, Canfield & Franks, of Rockford (Robert R. Canfield and Herbert H. Franks, of counsel), for appellees.

MR. JUSTICE SEIDENFELD delivered the opinion of the court.

This is an appeal from the Summary Judgment of the Circuit Court of the Seventeenth Judicial Circuit of Winnebago County, Illinois, entered on November 27, 1964, which found that there was no genuine issue as to any material fact in this action and granted recovery to the plaintiffs in the sum of $4,994.65.

The pertinent facts in this case are as follows: an action was brought against Donald J. McFadyen...

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