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SPEES v. STAPLETON

Gen. No. 67-141.

104 Ill. App.2d 385 (1969)

244 N.E.2d 430

George Spees, Plaintiff-Appellant, v. Elmer Stapleton, Defendant-Appellee.

Appellate Court of Illinois — Fifth District.

January 20, 1969.

Attorney(s) appearing for the Case

Harris, Holbrook & Lambert, of Marion, for appellant.

Donald R. Mitchell and William Kent Brandon, of Murphysboro, for appellee.

MORAN, J.

George Spees filed suit for personal injuries against Elmer Stapleton in the Circuit Court of Williamson County. After the depositions of both Spees and Stapleton were taken, Stapleton filed a motion for summary judgment on the ground that the undisputed facts contained in the depositions attached to his motion barred Spees's suit because his injuries arose out of and in the course of his employment. Ill Rev Stats (1967), c 48, par 138.5(a). The trial court...

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